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Assisted Dying in Spain ES Flag

Legal Status: Legal

The practice is regulated by the Organic Law for the Regulation of Euthanasia (LORE), which entered into force on June 25, 2021.

Key Legislation: Organic Law 3/2021

of March 24. This law establishes the right to request “aid in dying” as a service included in the National Health System portfolio.

Eligibility

Access is available to Spanish nationals or legal residents (registered for at least 12 months) who are adults and suffer from a serious, incurable disease or a chronic, incapacitating condition.

Summary

Spain represents a major milestone in the global right-to-die movement. In March 2021, the Spanish Parliament (Cortes Generales) approved the Ley Orgánica de Regulación de la Eutanasia (LORE), making Spain the fourth country in Europe (after the Netherlands, Belgium, and Luxembourg) to decriminalize and regulate the practice.

Unlike some jurisdictions that only allow assisted dying, the Spanish model permits both physician assisted dying (administration by a health professional) and assisted dying (prescription for self-administration), with the vast majority of patients opting for the former. The procedure is fully integrated into the public healthcare system and is free of charge.

Quick Overview

Health services in Spain are largely devolved to the 17 autonomous regions. This has resulted in a very mixed picture of access for patients

Spain’s law is distinct because of its “prior control” mechanism. Unlike the Benelux countries, where the review commission evaluates the case after the death, Spain requires approval before the procedure can take place.

Every request is reviewed by a regional Guarantee and Evaluation Commission (CGE). A team consisting of a doctor and a jurist must verify that the patient meets all legal requirements before giving the green light. While this ensures high legal security, it has also been criticized for creating bureaucratic delays in some regions, with the average process taking between 40 to 60 days.

History and Legislation

The road to legalization in Spain was paved by high-profile social cases that shifted public opinion.

The Ramón Sampedro Case (1998): The movement gained international attention with Ramón Sampedro, a quadriplegic man who fought in the courts for 30 years for the right to die. His story was immortalized in the Oscar-winning film The Sea Inside (Mar Adentro). He eventually died with the help of friends in a clandestine act.

The María José Carrasco Case (2019): Decades later, Ángel Hernández was arrested for helping his wife, María José Carrasco (who suffered from advanced Multiple Sclerosis), to end her life. He recorded the process to prove her consent and challenged the state to prosecute him. His case galvanized public support for a change in the law.

The 2021 Victory: Supported by a coalition of left-wing and liberal parties, the LORE was passed in the Congress of Deputies on March 18, 2021, with an absolute majority of 202 votes in favor, 141 against, and 2 abstentions.

Current Implementation: Since coming into force in June 2021, the law has been implemented across all 17 autonomous communities. Data from 2024 indicates a steady increase in access, with 426 assisted deaths recorded that year, representing a 27% increase from 2023.

Who is Eligible?

Access is strictly regulated by Organic Law 3/2021. To qualify, a patient must meet the following criteria:

  • Residency: Must be a Spanish national or have legal residence in Spain for at least 12 months (proven via the padrón). This effectively prevents “medical tourism.”
  • Age: Adults (18+).
  • Capacity: The patient must be fully capable and conscious at the time of the request.
    • Exception: If the patient is no longer capable (e.g., advanced dementia), they can still access euthanasia if they previously signed a valid Living Will (Testamento Vital or Instrucciones Previas) explicitly requesting it.
  • Medical Condition: The patient must suffer from:
    • A serious and incurable disease; OR
    • A serious, chronic, and incapacitating condition that causes physical or psychological limitations and intolerable suffering.
  • Process:
    • Two written requests, separated by at least 15 days.
    • Review by the “Responsible Doctor” and a “Consultant Doctor.”
    • Final approval by the Guarantee and Evaluation Commission.

Our Spanish Members

We currently have 63 are members of the World Federation, with 2 based in Spain.

The latest news from our members and from around the world

Our members produce helpful factsheets and newsletters. The Federation is always happy to share other sources of information in favour of our joint mission to advance assisted dying around the world.