Ambiguity Affirmed: Commentary on the Judgement of the European Court of Human Rights in the Case of Valdís Fjölnisdóttir and Others v. Iceland of 18 May 2021

Kowalski, Michal and Masłowiec, Maria (2023) Ambiguity Affirmed: Commentary on the Judgement of the European Court of Human Rights in the Case of Valdís Fjölnisdóttir and Others v. Iceland of 18 May 2021. LAW, IDENTITY AND VALUES, 3 (1). pp. 131-144. ISSN 2786-2542 (print), 2786-3840 (online)

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Abstract

The text comments on the European Court of Human Rights judgement of 18 May 2021 in the case of Valdís Fjölnisdóttir and others v. Iceland. The case is another judgement of the ECtHR dealing with the phenomenon of surrogate motherhood. Indeed, the legal consequences of surrogate motherhood vary and result in challenges both in national and international legal contexts. The judgement commented on is of high importance as it dealt with links between surrogate motherhood and adoption, as well as illustrated modern challenges for civil status registration. The text provides for an in-depth analysis of the judgement concerned and identifies some ambiguity and lack of consistence in the Court’s approach to surrogate motherhood. In the course of its analysis the Valdís Fjölnisdóttir and others case is assessed as a lost chance in this respect.

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