Article 220 of the Penal Code

  Penal Code

1. The assumption of childbirth will be punished with prison sentences from six months to two years.

2. The same penalty will be imposed on anyone who hides or delivers a person under eighteen years of age to third parties to alter or modify their affiliation.

3. The substitution of one child for another will be punished with prison sentences of one to five years.

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4. The ascendants, by nature or by adoption, who commit the acts described in the three previous sections may also be punished with the penalty of special disqualification for the exercise of the right of parental authority that they have over the alleged child or descendant, hidden, delivered or substituted, and, where appropriate, over the rest of the children or descendants for a period of four to ten years.

5. Substitutions of one child for another that occur in health or socio-health centers due to gross negligence on the part of those responsible for their identification and custody, will be punished with imprisonment from six months to one year.

art 220 cp

Article 220 of the Penal Code It has five points that deepen the assumption of childbirth as crimes against family relationships.

Following the update published on 06/05/2021 that enters into force on 06/25/2021, section 2 is modified by final provision 6.28 of Organic Law 8/2021, of June 4. Previously, it said the following:

2. The same penalty will be imposed on anyone who hides or delivers a child to third parties to alter or modify their affiliation.

Article 220.2 – Modified with effect from 06/25/2021

  • Penal Code
    • BOOK II: crimes and their sorrows
      • Title XII: Crimes against family relations
        • Chapter II: Of the supposition of childbirth and of the alteration of the paternity, state or condition of the minor