Consent for the application of assisted reproduction techniques and legal double maternity. analysis of the supreme court´s judgment 740/2013, of december 5, 2013

Abstract

The High Court’s decision under study, whose doctrine is corroborated by the STS 836/2013, opens the door to determining natural double maternity resulting from the application of assisted reproduction techniques through the exercise of action of claiming marital filiation for possession of status by the non-pregnant spouse or former spouse, nevertheless the absence of the provision of consent from the same which for such effects the article 7.3 from Law 14/2006, on assisted human reproduction techniques, formally prescribes, judging it sufficient for the judicial declaration of the maternal filiation in favour of the non-pregnant wife, accordingly with the prevalence of the wish to establish filiation in this area, the mere material concurrency of consent by the same to the use of the reproductive technique, which can be accredited by any means admitted by law, being modulated, in any case, the extent or effect of that wish to be a mother in accordance with the principle of the best interests of the child.