CROSS-BORDER SURROGACY AND THE RIGHT TO RESPECT FOR FAMILY LIFE
CROSS-BORDER SURROGACY AND THE RIGHT TO RESPECT FOR FAMILY LIFE

Summary/Abstract: Surrogacy is indisputably connected with the right to respect for family life guaranteedby Article 8 of the European Convention on Human Rights and Fundamental Freedoms.In the practice of the European Court of Human Rights (ECHR), many issues areopen as disputable, among other things also in the context of the connection betweencross-border surrogacy and the right to respect for family life. Taking into account the circumstancesof each specific case, ECHR considered, first of all, the question of the (non)existence of a genetic link between the intended parents and the child born by the surrogatemother, the duration of cohabitation between them and the legal uncertainty that surrogacycreates, i.e., their possible impact on the violation of the right to respect for family life.

• Details
• Contents