Download This PaperParadiso 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
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: Suggested Citation
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