In two cases issued on June 26, 2014,
the European Court of Human Rights held that member countries cannot
deny legal recognition to parent-child relationships established in the
United States, simply because the children were born through surrogacy
arrangements even though they maybe deemed as illegal in their own country).
The Court observed that the French authorities, despite being aware that the children had been identified in the United States as the children of Mr and Mrs Mennesson and Mr and Mrs Labassee,had nevertheless denied them that status under French law. It considered that this contradiction undermined the children’s identity within French society. The Court further noted that the case-law completely precluded the establishment of a legal relationship between children born as a result of –lawful – surrogacy treatment abroad and their biological father. This overstepped the wide margin of appreciation left to States in the sphere of decisions relating to surrogacy.
The cases are Mennesson v. France and Labasse v. France.
the Court’s decision highlights a sharp divide in the acceptance of
surrogacy in much of Eurpoe. Despite increasing acceptance in the
United States,India ,Ukraine,Thailand, surrogacy remains illegal in much of Europe, including
France which sadly punishes the use of surrogacy by up to a year in prison and
a fine of €15,000.
Other than the United States, only a few countries — among them India, Thailand, Ukraine and Mexico — allow paid surrogacy.United Kingdom the Big Brother of Human Rights(: allows only Altruistic surrogacy, in which the woman carrying the baby receives payment only for her expenses.
