Surrogacy Father is Granted Maternity Leave by Madrid Superior Court

on December 19, 2012

Read this article in Spanish via Google Translate.

The Superior Court of Madrid ordered the state Social Security office to pay maternity leave to a father whose daughter was born through Surrogacy.  The couple Antonio Vila-Coro and Juan F. Castillo had been denied benefits because surrogacy is technically illegal in Spain.

Although the two are legally married, the National Institute of Social Security (INSS) refused to recognize Castillo’s request for maternity leave. “They said we had not given birth or adopted the child,” said Vila-Coro. Juan had taken four months off of work to care for the newly-born child.

According to the couple’s lawyer, Spanish law only allows a man to receive maternity leave if the mother dies, in the case of adoption or if the child arrives through foster care.

This case provides a precedent for other Spanish high courts that are considering similar cases.  But unfortunately it also draws attention to a serious failing of the Spanish legal system.  While the government legalized same-sex marriage years ago, some of the legal protections associated with married couples still are not provided.

You can read more about the court decision at La Vanguardia.


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