The Development of Case Law on Parental Rights and Surrogacy at the European Court of Human Rights

Nagy, Zsófia (2025) The Development of Case Law on Parental Rights and Surrogacy at the European Court of Human Rights. ACTA HUMANA: HUNGARIAN CENTRE FOR HUMAN RIGHTS PUBLICATIONS, 13 (3). pp. 23-42. ISSN 0866-6628

Preview

Text 02_nagy_23-42_WEB-ActaHumana2025_3.pdf Available under License Creative Commons Attribution Non-commercial No Derivatives. Download (287kB) | Preview

Abstract

The emergence of assisted reproductive techniques (ART) has sparked ethical and moral dilemmas concerning family, parenthood, and child rearing. Consequently, the most controversial technique, surrogacy, and the legal and human rights implications of cross-border surrogacy cases were brought before the European Court of Human Rights (Court). The right to become a parent is an inappropriate focal point in surrogacy debates, as it prioritises adult-centred reproductive claims over the best interests of the child. The Court’s case law incorporated a “process-based approach” in the initial leading cases, although recent case law suggests a development of value-based assessment, which might not lie in line with the sovereignty of the member states to regulate sensitive aspects of family law and ART. The fact that obtaining parental rights motivates parents to engage in surrogacy, and the willingness of the Court to facilitate this in cases of surrogacy involving cross-border recognition of parental rights, may spark tension between national laws on surrogacy based on national values.

Actions (login required)

Edit Item