State and Madrid open negotiations on the conceived law before the Constitutional Court

The General State Administration and the Community of Madrid have opened negotiations to resolve discrepancies regarding Law 5/2026, of July 7, on the recognition of the conceived in the application of family support measures. The agreement of the Bilateral Cooperation Commission of the General State Administration-Community of Madrid, adopted on October 9, 2026, is published in the OFFICIAL GAZETTE OF THE COMMUNITY OF MADRID on Tuesday, November 3, 2026 (no. 264), by resolution of the Technical General Secretariat of the Ministry of Presidency, Justice and Local Administration.

The text appears in Section I, subsection C) “Other Provisions,” under number 41 and official reference BOCM-20261103-41, on page 275 of the gazette. The resolution ordering it is dated October 28, 2026, and is signed by Lourdes Ríos Zaldívar as Technical General Secretary of the regional department.

Three mandates: negotiate, create a group, and notify the Constitutional Court

The agreement of the bilateral commission is materialized in three successive decisions, transcribed literally in the published annex:

• Initiate negotiations to resolve the discrepancies expressed in relation to Law 5/2026, of July 7.
• Appoint a Working Group to propose the appropriate solution to the Bilateral Cooperation Commission.
• Communicate the agreement to the Constitutional Court, for the purposes provided for in article 33.2 of Organic Law 2/1979, of October 3, of the Constitutional Court.

The third point also includes the mandate to insert the agreement in both the “Official State Gazette” and the OFFICIAL GAZETTE OF THE COMMUNITY OF MADRID, which explains the Madrid publication now being disseminated. The regulation subject to the controversy is a regional law approved on July 7, 2026, and its full title links it to the recognition of the conceived within the block of family support measures of the Community of Madrid.

The invoked legal framework and the signatures of the agreement

The resolution is based on article 33 of Organic Law 2/1979, of October 3, as amended by Organic Law 1/2000, of January 7. It is this provision that enables the Technical General Secretariat to arrange the publication in the regional gazette of the agreement transcribed as an annex.

The agreement is signed by the Minister of Territorial Policy and Democratic Memory, Ángel Víctor Torres Pérez, and by the Minister of Presidency, Justice and Local Administration, Miguel Ángel García Martín, representing the two administrations that make up the bilateral commission. The text bears the processing code (03/17.548/26).

• Body adopting the agreement: Bilateral Cooperation Commission of the General State Administration-Community of Madrid.
• Date of the agreement: October 9, 2026.
• Affected regulation: Law 5/2026, of July 7, on the recognition of the conceived in the application of family support measures in the Community of Madrid.
• Publication: OFFICIAL GAZETTE OF THE COMMUNITY OF MADRID no. 264, of November 3, 2026, Section I.C, page 275.

What the procedure implies

With this step, the discrepancy between the central Executive and the regional Government regarding the law on the conceived is channeled through bilateral negotiation rather than through conflict before the Constitutional Court: the commission sets its own working period, through the designated group, to propose a solution before the matter is resolved by other means.

The agreement does not disclose the specific content of the discrepancies nor the nature of the eventual solution, which are referred to the Working Group and the commission itself. Nor does the published text establish a calendar for the conclusion of the negotiations.

The relevance for readers is twofold: on one hand, it confirms that the regulation recognizing the conceived in the Community of Madrid remains subject to institutional review; on the other, it provides public record, in the regional gazette, that both administrations have opted to negotiate before taking the litigation to the high court.

Source: OFFICIAL GAZETTE OF THE COMMUNITY OF MADRID, no. 264, of November 3, 2026, Section I.C “Other Provisions”, page 275 (official reference: BOCM-20261103-41).