ECHR: Towards the Liberalisation of Surrogacy

You will find here a detailed analysis of the recent and important cases Mennesson v. France and Labassee v. France showing how the European Court of Human Rights is imposing the liberalisation of surrogacy in Europe.

Abstract : The Court considers surrogacy compatible with human rights; it nevertheless tolerates France’s choice to refuse it for ethical reasons, but in practice restricts the effects of this refusal with regards to respect for private and family life, condemning France in these cases to acknowledge at least the paternal relationship of the applicant’s children. More generally, these judgments illustrate the method the Court uses to impose the liberalisation of prohibited practices in national law without these being guaranteed by the Convention. This liberalisation goes contrary to existing norms in International law.

View online at: https://c-fam.org/turtle_bay/echr-towards-the-liberalisation-of-surrogacy/

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