ECHR rules in surrogate case--Court overrules its previous verdict
"(ANSA) - Strasbourg, January 24 - The European Court of Human Rights said in a ruling Tuesday that Italy had not breached the rights of a couple after taking away a child born to a surrogate mother in Russia with whom they had no biological ties. The child was taken away from the couple after they returned from Russia following DNA testing showed that neither the man or the woman were its biological parent, even though a Russian birth certificate put them as parents.
Tuesday's ruling overrides a previous decision made by the Strasbourg court in January 2015. "The Court considered that the contested measures had pursued the legitimate aims of preventing disorder and protecting the rights and freedoms of others," the ECHR said. "On this last point, it regarded as legitimate the Italian authorities' wish to reaffirm the State's exclusive competence to recognise a legal parent-child relationship - and this solely in the case of a biological tie or lawful adoption - with a view to protecting children".
The child has been adopted by another family."
"PARADISO-CAMPANELLI VERSUS ITALY"
Surrogate motherhood: stopped by the European Court for Human Rights. The Chambre supports the Italian Court
"(Strasbourg) “The Court rules that the relationship between the applicants and the child is not part of family life”: this has been ruled by the Grande Chambre of the European Court of Human Rights, issued today about “Paradiso-Campanelli versus Italy”. The case is about an Italian couple living in the province of Campobasso, who went to Russia in 2011: through a private organisation, the married couple had had a child from a “surrogate mother” who has no biological relationship with the couple. Under Russian law, the couple could record the child as their own child, but, once back in Italy, the Court refused to record the child as the couple’s child and, after finding there was no biological relationship, it ruled that the child should be taken away from the applicants (the child was about eight months old back then) and then adopted by a different family. Today’s ruling overturns a ruling issued by the Court in January 2015: it claimed that taking the child away from the first couple breached article no. 8 of the Convention on Human Rights (right to private and family life), regardless of the child’s interest. The new ruling states, instead, that the Italian Court had actually ruled in the child’s interest and also stopped surrogate motherhood."
HT: Dorothea Kuebler
Here are two earlier stories, set in England and Italy, from the blog Above the Law. about surrogacy as a repugnant transaction (at home) and the resulting fertility tourism (to California):
1."British aristocrats, the Viscountess and Viscount Weymouth... welcomed their second son on December 30, 2016. In what is likely a first for the British aristocracy, the child was born via surrogate.