Last month a ruling was issued that will set a precedent according to which the maternity pension was granted to a gay father who hired a rental belly.
In Spain, surrogacy is not allowed, so because of the desire to be parents, the couple traveled to the United States, where they hired the womb of a woman who gestured to her daughter Manuela. So far, the maternity allowance for two-man marriages was not recognized, since there was no mother, but finally they got one of the parents recognized as a beneficiary of the maternity benefit.
They had been denied because they considered that they were not in any of the protected situations: biological maternity, adoption or foster care. The person who claims the right is supposed to be the one who has given birth, but logically it is not the case.
Fortunately, and after many legal proceedings, common sense has prevailed and they have succeeded in appearing as parent A and parent B and the right to maternity benefit to one of the parents of the same-sex marriage was recognized.
The court ruling says:
If, in adoption, the parents are entitled to maternity benefits directly, regardless of their sex, without any further connection than the legal relationship generated by this affiliation by adoption or foster care, with equal or greater reason, that right to who, as the plaintiff, legally hold that condition although it derives from another title to which the Spanish law, through what the General Directorate of Registries and Notaries has interpreted and resolved following the Instruction of October 5, 2010, has granted him, recognizing him enough efficiency to generate the necessary link to be subject to the benefits that are now claimed ”
It is undoubtedly good news, as cases like this are gradually opening the way to equality and normalization to gay marriages who want to be parents.
