Subrogada
- alessandrofalconer
- Mar 15, 2018
- 1 min read
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The cases concerned the refusal to grant legal recognition in France to parent-child relationships that had been legally established in the United States between children born as a result of surrogacy treatment and the couples who had had the treatment.
In both cases the Court held, unanimously, that there had been:
No violation of Article 8 (right to respect for private and family life) of the European Convention on
Human Rights concerning the applicants’ right to respect for their family life;
A violation of Article 8 concerning the children’s right to respect for their private life.
The Court observed that the French authorities, despite being aware that the children had been identified in the United States as the children of Mr and Mrs Mennesson and Mr and Mrs Labassee, had nevertheless denied them that status under French law. It considered that this contradiction undermined the children’s identity within French society. The Court further noted that the case-law completely precluded the establishment of a legal relationship between children born as a result of – lawful – surrogacy treatment abroad and their biological father. This overstepped the wide margin of appreciation left to States in the sphere of decisions relating to surrogacy.
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