THE INHERITANCE RIGHTS OF THE CHILD BORN OF THE SUBSTITUTION MATERNITY IN THE EUROPEAN UNION
THE INHERITANCE RIGHTS OF THE CHILD BORN OF THE SUBSTITUTION MATERNITY IN THE EUROPEAN UNION
Author(s): Andreea Buruiană RusuSubject(s): Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law, Health and medicine and law, EU-Legislation
Published by: Editura Hamangiu S.R.L.
Keywords: surrogate; mater semper certa est; European Regulation 650/2012; inheritance rights; European Convention on the Legal Status of Children Born out of Marriage;
Summary/Abstract: Substitution maternity is a current and a developing phenomenon and the inheritance rights of a child born from such a procedure are very complex. Taking into account the whole global perspective, no comparable moral or legal basis can be identified in this area. The creation of a common legal framework or the advancement of a large-scale international unification of substantive law or the rules on the recognition of the effects of foreign law does not seem to be an objective that can be achieved soon. In this context, the issue of inheritance rights of the child born from the substitution maternity is a very complex one. In dealing with the subject, we will analyze the European Regulation 650/2012, the decisions of the ECHR in this matter, national provision and we will seek to find solutions on the ways in which the rights of succession can be protected in such a situation.
Journal: Conferința Internațională de Drept, Studii Europene și Relații Internaționale
- Issue Year: X/2022
- Issue No: X
- Page Range: 200-208
- Page Count: 9
- Language: English