Paradiso and Campanelli v Italy: The ECHR Validates the Sale of a Child Through Surrogacy

Revue Lamy Droit Civil, RLDC, n° 126, May 2015 p. 41-45. (original published in French)

9 Pages Posted: 15 May 2015

See all articles by Gregor Puppinck

Gregor Puppinck

European Centre for Law and Justice (ECLJ); M.G. Robertson Global Centre for Law & Policy

Claire Hougue

Independent

Date Written: May 1, 2015

Abstract

On January 27th 2015, in the case of Paradiso and Campanelli v. Italy, the European Court of Human Rights (ECHR) decided, by five votes to two, that a child born by surrogacy abroad and those who ordered him enjoy protection of the right to family life even though the child was obtained fraudulently, against payment, without genetic link and after a very short period of cohabitation. The Court concluded that Italy could refuse to recognise the filiation established in Russia, but that taking the child away from the sponsors infringed their right to private and family life.

Keywords: human rights, surrogacy, ECHR, sale of children, adoption

JEL Classification: K00, K33

Suggested Citation

Puppinck, Gregor and Hougue, Claire, Paradiso and Campanelli v Italy: The ECHR Validates the Sale of a Child Through Surrogacy (May 1, 2015). Revue Lamy Droit Civil, RLDC, n° 126, May 2015 p. 41-45. (original published in French). Available at SSRN: https://ssrn.com/abstract=2605819

Gregor Puppinck (Contact Author)

European Centre for Law and Justice (ECLJ) ( email )

4,quai Koch
Strasbourg, 67000
France

M.G. Robertson Global Centre for Law & Policy

Belsyre Court, 57 Woodstock Road
Oxford 0X2 6HJ
United Kingdom

Claire Hougue

Independent

No Address Available

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