European Court of Human Rights and Surrogacy: France is condemned again

The European Court for Human Rights (ECHR) has again condemned France in the case of Laborie vs. France, for having refused registering civil status documents for birth certificates of twins born in Ukraine by surrogacy.

As in four prior similar cases in 2014 and 2016, the ECHR’s verdict was not based on a violation of family life, but rather a violation of rights with respect to the twin’s private life.

In its ruling, the ECHR mentioned having taken note of the French Court of Cassation’s reversal, following its decision in the Mennesson-Labassée case, which allowed establishing a filial relationship with the biological father by recognizing paternity.

As previously emphasized after the first decision in the Mennesson Case, Alliance VITA declared: “These decisions could jeopardize French law, which prohibits surrogacy and could undermine the necessary dissuasion of procreative tourism. This constitutes a one-sided and paradoxical decision for the child in only recognizing the paternal biological relationship whereas artificial procreation totally destroys the maternal biological bond. It’s the very premise of this practice which should be challenged.”

Regarding surrogacy cases, another anxiously awaited verdict is due to be rendered on Tuesday January 24, on the Paradiso case, where the Italian government appealed the decision. The case involves the Italian Social services and a nine-month-old child born in Russia to a surrogate mother and sold to a couple by contract. It was subsequently proved that the couple had no biological connection with the child.




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