Paradiso Surrogacy case: ECHR overturns its prior decision

The European Court of human Rights (ECHR) has reversed its decision given in the first instance which condemned Italy in the Paradiso Campanelli case in which the couple had recourse to surrogacy, an unlawful practice in Italy. Unlike France who adopted the successive ECHR decisions for 5 surrogacy cases in 2 years, Italy decided to appeal, questioning the Court’s decision.

Alliance VITA is an active member of No Maternity Traffic and supports their statement.

« No Maternity Traffic welcomes the decision of the Grand Chamber of the European court of Human Rights (ECHR) that has reversed the decision of the Section that condemned Italy in first instance.

The international coalition No Maternity Traffic was involved throughout the whole procedure to oppose the decision in first instance of the ECHR, decision which approved the sale of children.

The Italian government had indeed decided to remove a few months after his birth the surrogate-born child from the purchasers who had no biological connection with him, all the more as this practice is prohibited in Italy.

Through this ruling that judged Italy’s decision proportionate, the Italian government’s action against the sale of children by surrogacy is confirmed.

The ECHR thus recognises that Member States have the right to defend themselves against the fait accompli of their citizens who resort to the practice of surrogacy abroad.

This decision proves once again that France should have lodged an appeal against the Mennesson and Labassée decisions. The current judgment may encourage the future French government but also other Member Sates to better defend the interests of women and children against surrogacy.

Nevertheless, No Maternity Traffic regrets that the ECHR has not more expressly condemned surrogacy, a practice that violates human rights and women and children dignity in an unprecedented way.

No Maternity Traffic will relentlessly keep to its commitment to obtain the international prohibition of surrogacy by the competent international institutions. »


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