EIT antoi ensimmäisen neuvoa antavan lausuntonsa sitä pyytäneelle ranskalaiselle tuomioistuimelle10.4.2019 | Oikeusuutiset
Uusi menettelytapa perustuu ihmisoikeussopimuksen 16. lisäpöytäkirjaan.
The European Court of Human Rights delivers its first advisory opinion.
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: adoption may also serve as a means of recognising that relationship.
In response to the request for an advisory opinion made by the French Court of Cassation, the Court delivered, unanimously, the following opinion:
In a situation where a child was born abroad through a gestational surrogacy arrangement and was conceived using the gametes of the intended father and a third-party donor, and where the legal parent-child relationship with the intended father has been recognised in domestic law,
- the child’s right to respect for private life within the meaning of Article 8 of the European Convention on Human Rights requires that domestic law provide a possibility of recognition of a legal parent-child relationship with the intended mother, designated in the birth certificate legally established abroad as the “legal mother”;
- the child’s right to respect for private life does not require such recognition to take the form of entry in the register of births, marriages and deaths of the details of the birth certificate legally established abroad; another means, such as adoption of the child by the intended mother, may be used.