On April 10th, the European Court of Human Rights issued its first advisory opinion under Protocol 16 of the Convention. After a brief introduction to the role of Protocol 16, this paper focuses on the opinion expressed upon the request of the French Court of Cassation, related to the complex issue of the recognition, in national law, of the relationship between a child born through a gestational surrogacy and the legal parent-child. The Court, in particular, determined that States are not required to register the details of the birth certificate of a child born through gestational surrogacy abroad in order to establish the legal parent-child relationship with the intended mother.
Il caso Mennesson. La Corte di Strasburgo si (ri)pronuncia con il suo primo parere preventivo
Giacomini Marta
2019-01-01
Abstract
On April 10th, the European Court of Human Rights issued its first advisory opinion under Protocol 16 of the Convention. After a brief introduction to the role of Protocol 16, this paper focuses on the opinion expressed upon the request of the French Court of Cassation, related to the complex issue of the recognition, in national law, of the relationship between a child born through a gestational surrogacy and the legal parent-child. The Court, in particular, determined that States are not required to register the details of the birth certificate of a child born through gestational surrogacy abroad in order to establish the legal parent-child relationship with the intended mother.
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