Marta Ostiz
Madrid (EFE) the problems that the Spanish actress and businesswoman may face.
A week ago the news broke that Ana Obregón, at 68, became a mother thanks to surrogacy, a technique prohibited in Spain, but legal in countries like Canada and the US, as far as the famous presenter has gone to have to the baby.
In an interview on ‘Hello’, the actress stated that the newborn girl is actually her granddaughter, since the frozen sperm of her son Alejandro Lequio García, who died at the age of 27, was used for her conception in May 2020. consequence of cancer.
The registration of the girl in the Registry could be challenged
This being the case, can Ana Obregón have problems registering the girl in Spain? The answer is yes.
This is how the member of the Spanish Association of Family Lawyers, María Dolores López-Muelas, explains it to EFE, who, although she acknowledges the many unknowns that the case hides, warns that if the newborn is Ana Obregón’s son, it is possible that its registration in the Civil Registry can be challenged, since it is contrary to Spanish public order.
And the main reason is that according to the assisted reproduction law, post-mortem fertilization could not be carried out 12 months after the death of the father (Alejandro Lequio died in May 2020), with which, despite having a holographic will with your consent, in Spain post mortem fertilization is not allowed after 12 months.
What are the procedures?
The fact is that the actress must have a birth certificate for the girl and a court ruling that determines that the surrogate mother has given up the girl and that the case has all the legal requirements that are demanded in the US, where the gestation surrogate is allowed.
This judicial process, together with the sentence and the birth certificate, is what is taken to the consular Civil Registry in Miami, where the girl was born and it is there where Obregón will try to register the minor in Spain with her name. She will be listed as mother.
For the girl to be registered in Spain, this process has to be approved by the person in charge of the Civil Registry, who has to check if the sentence meets all the requirements that would be required in a similar Spanish procedure: if it has the will of the mother, with an authentic birth certificate, a final decision against which there is no appeal and that all the procedural guarantees that are fulfilled in Spain have been complied with.
“If this procedure meets those requirements, that girl can be registered in Spain,” says López-Muelas.
Ana Obregón has revealed that the girl is actually her granddaughter
What is the problem? That Ana Obregón has revealed that the girl’s father is actually her son.
“I do not know the judicial resolution, but that judicial resolution is going to be looked at with a magnifying glass because it seems that the genetic material is from the son,” he warns.
It may be that the sentence does not say that the genetic material belongs to the son and only the intentional mother appears, which is Ana Obregón. If so, there would be no problem registering her here, “but if the girl is the daughter of her son, that registration could be challenged in Spain by the Prosecutor’s Office because it is contrary to Spanish public order.”
Thus, everything will depend on what appears in that judicial decision, although this expert presumes that the Spanish actress and businesswoman “will be very well advised” and imagines that the father will not appear in the registration in the Registry, but will simply appear Ana Obregón as an intentional mother.
Another of the scenarios that López-Muelas opens up is the possibility of the girl being registered in Spain and the Prosecutor’s Office acting against that registration because it is contrary to our legal system.
In that case, she could start legal proceedings in Spain and, if that happens, López-Muelas warns, it would generate jurisprudence because the social and legal reality is very changeable.
“There are many questions,” concludes this Family Law expert who believes that the judicial decision brought by Ana Obregón from the US will be studied in depth to verify whether or not the minor can be registered in Spain.