The First Chamber of the Supreme Court has dismissed the appeal of Nacho Palauthe singer’s ex-partner Miguel Bosewho asked that his paternity be declared with respect to the artist’s two children, conceived through surrogate bellies, and that, at the same time, it be declared that Bosé is the father of Palau’s two children, conceived using the same technique.
The Supreme Court confirms the first instance ruling, which dismissed the requested paternity declaration and established a relationship regime between the four minors, based on an agreement signed during the process. The AMadrid Provincial Court confirmed the judgment of first instance.
So much Miguel Bose and the Public Prosecutor requested the dismissal of the appeal.
The plaintiff maintained that the possession of status based on cohabitation as siblings of the four children and the interest of the minors are sufficient to determine the claimed affiliations.
But the Chamber declares that it is not relevant in the case that the four minors were born through surrogate motherhood during the couple’s cohabitation, the affiliations being registered in the Spanish Civil Registry with respect to each biological father.
The Supreme Court recalls that, regardless of the circumstances of the birth of the children or the sex of the parents, “the mere socio-affective bond of the minors with each other and with the person who was the partner of their respective father is not enough to establish a filiation “.
The Spanish legal system establishes for these situations the course of adoption that “the parties could follow during cohabitation and that, once the couple breaks up, it is unfeasible.”
Nacho Palau and Bosé maintained a couple relationship for two decades, during which time they decided to be parents through surrogates in the United States, each registering two of them as biological children.
Nacho Palau filed a lawsuit for the custody of his children but the judge ruled that both the singer and he kept their own biological children.