EGMR zu frz Leihmutterschaft

Rechtsprechung

EGMR zu frz Leihmutterschaft

Der EuGHMR entscheidet in großer Kammer im Fall Mennesson betr eine kalifornische Leihmutterschaft.


In a situation where, as in the scenario outlined in the questions put by the Court of Cassation, a child was born abroad through a gestational surrogacy arrangement and was conceived using the gametes of the intended father and a third-party donor, and where the legal parent-child relationship with the intended father has been recognised in domestic law:

1.  the childs right to respect for private life within the meaning of Article 8 of the Convention requires that domestic law provide a possibility of recognition of a legal parent-child relationship with the intended mother, designated in the birth certificate legally established abroad as the “legal mother”;

2.  the childs right to respect for private life within the meaning of Article 8 of the Convention does not require such recognition to take the form of entry in the register of births, marriages and deaths of the details of the birth certificate legally established abroad; another means, such as adoption of the child by the intended mother, may be used provided that the procedure laid down by domestic law ensures that it can be implemented promptly and effectively, in accordance with the childs best interests.

EGMR grK 10.4.2019 (Request no. P16-2018-001)

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