Maintenance Duties for a Gestational Surrogate Following Non-Recognition – An Unreported Spanish Judgment
Written by Nicolás Zambrana-Tévar LLM, PhD (KIMEP University)
Facts of the case
An unreported judgment of the Family, Childhood and Capacity Section of the Tribunal de Instancia de Alicante (No. 3), dated 29 April 2026, has attracted attention for ordering a Mexican gestational surrogate to pay child maintenance to the Spanish father for whom she carried a child, despite having no custody, no exercise of parental authority, and no contact rights (here and here).