The Ronda Collective Legal Cooperative has told El Salton. In the event of the death of the couple, for example, the living parent has the right to the authorization of both, “since the child cannot be offered inferior care than the child would have if both parents lived”, according to the law in the Spanish State. However, the argument is not valid for anyone who wants to be just a biological parent, by adoption or embracement.

What the law does not allow, the courts do.

In 2020, the High Court of Justice of the Basque Country issued a pioneering decision granting the single mother a maternity leave of 24 weeks (at that time the mother was entitled to a leave of 16 weeks and her partner of 8 weeks, according to Spanish legislation). The decision has been appealed by the Prosecutor ' s Office and must be ratified or revoked by the Supreme Court. In the meantime, the High Court of Justice of the Basque Country (TSJPV) has also followed the processing of other decisions, granting a couple the licence requested.

But without having to go to court, Colectivo Ronda recalled that the law should recognize that right, “understanding that it is a benefit for the well-being of the child and for these children not to receive discriminatory treatment”.