International Surrogacy in the European Court of Human Rights

31 Pages Posted: 9 Jan 2019

See all articles by Richard F. Storrow

Richard F. Storrow

City University of New York School of Law

Date Written: June 30, 2018

Abstract

When citizens of countries that outlaw surrogacy travel abroad to have a child with the help of a surrogate mother, there is no guarantee the child will be recognized as a citizen of the parents' home country. The refusal of citizenship has been an effort to discourage people from employing a method of having children that some countries find reprehensible. Lawsuits brought by aggrieved parents have reached the European Court of Human Rights, which has held that it is indefensible for a government to use its prohibition on surrogacy as a justification for denying children their human rights. This article discusses six cases brought against three European nations to explain how the European Court of Human Rights has balanced the discretion of states to pass legislation that reflects their deeply held values with the right of children not to be denied essential aspects of their identity.

Keywords: Reproductive Tourism, Cross-Border Reproductive Care, Surrogacy, Surrogate Mothers, Intended Parents, European Court of Human Rights, Right to Family Life, Right to Private Life, Proportionality, Margin of Appreciation, Citizenship, Registration of Birth, Adoption

Suggested Citation

Storrow, Richard F., International Surrogacy in the European Court of Human Rights (June 30, 2018). North Carolina Journal of International Law and Commercial Regulation, Vol. 43, 2018. Available at SSRN: https://ssrn.com/abstract=3291587

Richard F. Storrow (Contact Author)

City University of New York School of Law ( email )

2 Court Square
Long Island City, NY 11101-4356
United States
(718) 340-4538 (Phone)

HOME PAGE: http://www.law.cuny.edu/faculty/directory/storrow.html

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