Surrogate motherhood is a highly debated issue for which there is now considerable case law because it calls into question the role of women and the meaning of motherhood. However, adequate protection for the multiple interests at stake has yet to be offered. This is especially true in legal systems whose lawmakers have been slow to intervene or are entrenched in absolute prohibitions, unable to restrict the phenomenon of procreative tourism. The rulings by the European Court of Human Rights as well as domestic courts have gradually exhibited diversity in balancing the best interests of the child with other interests and values worthy of protection. This essay reconstructs the recent case law of the European Court of Human Rights and offers some reflections on the current state of the protection of children born through surrogacy.
The Protection of the Status Filiationis in the Event of Surrogate Motherhood / M.Picchi. - STAMPA. - (2022), pp. 99-108.
The Protection of the Status Filiationis in the Event of Surrogate Motherhood
M. Picchi
2022
Abstract
Surrogate motherhood is a highly debated issue for which there is now considerable case law because it calls into question the role of women and the meaning of motherhood. However, adequate protection for the multiple interests at stake has yet to be offered. This is especially true in legal systems whose lawmakers have been slow to intervene or are entrenched in absolute prohibitions, unable to restrict the phenomenon of procreative tourism. The rulings by the European Court of Human Rights as well as domestic courts have gradually exhibited diversity in balancing the best interests of the child with other interests and values worthy of protection. This essay reconstructs the recent case law of the European Court of Human Rights and offers some reflections on the current state of the protection of children born through surrogacy.File | Dimensione | Formato | |
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