A search for consistency in ECtHR decisions on the recognition of parenthood following surrogacy

Park-Morton, Lottie ORCID: https://orcid.org/0000-0003-3864-7611 (2025) A search for consistency in ECtHR decisions on the recognition of parenthood following surrogacy. International Journal of Law, Policy and The Family, 39 (1). doi:10.1093/lawfam/ebaf007

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Abstract

The European Court of Human Rights (ECtHR) has developed a body of case law relating to the legal recognition of the parent-child relationship following surrogacy. Although the Article 8 right to respect for family and private life is invoked when a State fails to give effect to the relationship between an intended parent and surrogate-born child, it is not necessarily the case that this will amount to a violation of the right. This paper thematically considers the approach of the ECtHR, with a central focus on the existence of a genetic tie between the child and one, both, or neither intended parent. In examining the approach of the court in each situation, significant inconsistencies in the judicial reasoning become apparent. These inconsistencies include a gendered distinction relating to the genetic link, the precarious nature of non-genetic intended parents’ claims for parenthood, and the contradictory range of accepted restrictions on methods to establish parenthood, such as via adoption. To overcome these inconsistencies, this paper argues that the ECtHR should extend the approach currently adopted to genetic fathers, by requiring States to recognize legal parenthood that has been validly established in the child’s country of birth.

Item Type:	Article
Article Type:	Article
Uncontrolled Keywords:	Parenthood; Surrogacy; Genetic link; Family life; Private life; Human rights
Subjects:	K Law > K Law (General) > K520 Comparative law > K3601 Medical law
Divisions:	Schools and Research Institutes > School of Business, Computing and Social Sciences
Depositing User:	Kamila Niekoraniec
Date Deposited:	19 Mar 2025 12:14
Last Modified:	10 Apr 2025 10:00
URI:	https://eprints.glos.ac.uk/id/eprint/14870

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