The Commercial Section of the Madrid Court of First Instance, located at Plaza number 3, has issued a condemnatory ruling against the entity Go4Baby S.L. The judicial decision establishes that the company engaged in illicit and unfair advertising by promoting surrogacy services through its digital platforms, a practice that violates current regulations in Spain.
The sentence, which is still subject to appeal, is based on the lawsuit filed by the Public Prosecutor's Office. In its brief, the Prosecutor's Office provided evidence, including screenshots, demonstrating how the company advertised itself online as offering assistance for surrogate motherhood. Specifically, the company promoted the management of these services using women in Ukraine. The judge has confirmed that these contents infringe Article 6.2 of the General Advertising Law, by explicitly promoting commercial practices related to surrogacy.
The company's advertising is illicit and unfair, emphasizing that this type of activity cannot be subject to commercial promotion in Spain.
As a consequence of this classification, the court has dictated several measures. Go4Baby must immediately cease its advertising campaign and is prohibited from carrying it out again in the future. Furthermore, the company is obliged to publish the content of the sentence, at its own expense, on the same channels where it disseminated its advertisements, including its website, social networks, and other online media. The convicted company must also bear all procedural costs arising from the litigation.
This judicial decision reinforces the position of Spanish authorities regarding surrogacy. Although the procedure is carried out abroad, Spanish justice emphasizes that neither commercial intermediation nor the advertising of these practices are permitted within its borders. The ruling sets a significant precedent in the application of the General Advertising Law against companies operating in this sector within the national market.
