Gestational Surrogacy, Private Life and the European Court of Human Rights Case Law

Abstract

This chapter analyses the surrogate motherhood case law of the European Court of Human Rights. A case law that focuses on the protection of everyone’s right to respect for private and family life (art. 8 ECHR). Usually the case decision is about the States’ refusal to recognise a birth certificate from a foreign country that has allowed a surrogacy agreement. Court’s decision does not recognize a right to become a father or a mother. And it does not usually declare the right to respect for family or private life of the intended parents has been violated. The decision often states that the right to private life of the children has been violated. Children’s identity and inheritance rights should be protected and the State condemn. This case law leads to protecting children but it leaves little room for the States to oppose surrogacy, whitening the practice.