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International Filiation Procedure

Lawyers specialised in international parentage proceedings

They are not regulated in any Community Regulation and there are no specific international conventions dealing comprehensively with international jurisdiction or applicable law in this area. As regards the recognition of civil and commercial judgments, Spain has a number of bilateral conventions that include filiation judgments. These agreements facilitate the recognition and enforcement of foreign court decisions in Spain, ensuring that filiation decisions adopted in other countries can be recognised and enforced within Spanish territory.

However, apart from these bilateral recognition conventions, the matter of international parentage in Spain is mainly regulated by domestic rules. Consequently, in the absence of a specific EU or international regulatory framework, Spain primarily applies its domestic law to address international parentage matters. This approach necessitates the application of diverse legal principles and procedures contingent upon the specific circumstances of each case, thereby introducing additional complexity to the resolution of such matters. Consequently, couples and families confronting international parentage issues must adeptly navigate both domestic legislation and applicable bilateral conventions to secure recognition of their familial rights and relationships.

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When do the Spanish courts have jurisdiction to deal with parentage actions with international elements? What are the requirements?

In a parentage action involving international elements (where the nationality of the parent or child is not Spanish, or the parties reside in different countries) initiated in Spain, it is imperative to establish whether Spanish courts possess international jurisdiction to adjudicate the case. This determination is made pursuant to Article 22 quater d) of the Organic Law on the Judiciary (LOPJ). This provision stipulates that Spanish Courts shall have jurisdiction when:

  • The child or minor has their habitual residence in Spain at the time the action is commenced; or
  • The claimant is of Spanish nationality or has been habitually resident in Spain for at least 6 months prior to the filing of the claim

In Spain, unlike in other countries where there are time limits, the right to the determination of filiation corresponds to the child throughout his or her life. Therefore, a foreigner who has his or her residence in Spain and wants to claim filiation from his or her presumed father who resides abroad, can file the claim in Spain.

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What is the applicable law in international parentage cases?

As the Spanish courts have jurisdiction in matters of filiation, the applicable law is determined by the conflict rule contained in Article 9.4 CC, which indicates that this law shall be:

  • The law of the child’s habitual residence at the time of the establishment of parentage;
  • In the absence of the child’s habitual residence, or if this law does not permit the establishment of parentage, the national law of the child at that time;
  • If this law does not allow the establishment of parentage or if the child lacks habitual residence and nationality, substantive Spanish law applies.”

Once you have found out the applicable law, it will regulate the accreditation you need, the time limit, the statute of limitations, etc.

It is important to bear in mind that if the child is habitually resident in Spain at the time of filing the parentage suit, the applicable law is Spanish law, which is a law that is very favourable to establishing biological parentage.

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What happens if the judgment of filiation was issued in a foreign country, and how would it be recognised in Spain?

Initially, it must be determined whether an applicable bilateral recognition convention exists (e.g., the bilateral recognition convention with Switzerland). In all other cases, recognition can be obtained if the foreign judgment fulfils the requirements of this law (Art. 41 et seq.) to be recognised.

At Winkels Abogados, we handle both parentage claims and actions contesting parentage (which are sometimes brought concurrently). We also manage the exequatur process for foreign parentage judgments. Our experienced lawyers can advise you on the necessary steps to determine or contest parentage, whether in domestic or international cases, as well as guide you through the process of obtaining recognition for a foreign parentage judgment.

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