Učinci prekograničnog surogat materinstva: praksa nacionalnih sudova i Europskog suda za ljudska prava
The Effects of Cross-border Surrogate Motherhood: the Practice of National Courts and the European Court of Human Rights

Author(s): Anita Duraković, Jasmina Alihodžić
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Cross-border surrogacy motherhood;Recognition of parental relationship;Legal status of child;National courts;European Court of Human Rights;
Summary/Abstract: Surrogate motherhood is an interesting and current topic that engages legal theorists and practitioners at national, European and international level. For some, surrogacy is a business arrangement in which the child is treat- ed as a commodity, while others view it altruistically as an aid to couples who cannot otherwise realize their desire for parenthood. Variety of national regulations (a number of states explicitly prohibit or do not legally regulate surrogate motherhood, in others it is allowed under different conditions and the absence of international regulation) causes numerous problems of private international law, primarily, recognition of the parental relationship acquired abroad and related legal status of the child born abroad under a surrogate arrangement. In this context, the practice of individual national courts in states that prohibit or legally do not regulate surrogate motherhood is significant, pointing to the complexity of this issue. Particular attention will be paid to the recent decisions of the European Court of Human Rights, which has addressed the cross-border effects of surrogate motherhood in a number of cases and has made a major and inventive step in its decisions for all future cases of surrogate motherhood with an international element. Its views will undoubtedly affect the national and European legal framework and the decisions of national courts.

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