ADVISORY OPINION - P16-2018-001 (legal parent-child relationship : surrogacy arrangement abroad : Grand Chamber) [2019] ECHR 281 (10 April 2019)

ADVISORY OPINION - P16-2018-001 (legal parent-child relationship : surrogacy arrangement abroad : Grand Chamber) [2019] ECHR 281 (10 April 2019)

Article 8 ECHR requires that domestic law provide a possibility of recognition of a legal parent-child relationship between a child born abroad through gestational surrogacy and the intended mother, but does not require that such recognition take the form of registration of the foreign birth certificate; other means, such as adoption, may suffice if they are prompt and effective and serve the child's best interests.

Citation
[2019] ECHR 281
Parties
Requesting Court: French Court of Cassation; Applicants in Domestic Proceedings: Dominique Mennesson, Fiorella Mennesson, Sylvie Mennesson, Valentina Mennesson; Respondent in Domestic Proceedings: Principal Public Prosecutor at the Paris Court of Appeal; Intervening Government: French Government
Jurisdiction
European Union
Judgment Date
10 April 2019
Procedural Posture
Advisory Opinion (protocol No. 16 Echr) / Grand Chamber Advisory Opinion Following Request From French Court of Cassation
Outcome
Advisory opinion delivered; guidance provided to requesting court.
Legal Topics
Surrogacy, Legal Parent Child Relationship, Recognition of Foreign Birth Certificates, Article 8 ECHR (right to Respect for Private Life), Adoption
Human Rights Law Family Law Private International Law Surrogacy Legal Parent Child Relationship Recognition of Foreign Birth Certificates Article 8 ECHR (right to Respect for Private Life) Adoption

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Parties

French Court of Cassation

Requesting Court

Dominique Mennesson, Fiorella Mennesson, Sylvie Mennesson, Valentina Mennesson

Applicants in Domestic Proceedings

Principal Public Prosecutor at the Paris Court of Appeal

Respondent in Domestic Proceedings

French Government

Intervening Government

Procedural Posture

Advisory Opinion (protocol No. 16 Echr) / Grand Chamber Advisory Opinion Following Request From French Court of Cassation

Legal Issues

  1. 1 Does Article 8 ECHR require domestic law to provide a possibility of recognition of a legal parent-child relationship between a child born abroad through gestational surrogacy and the intended mother?
  2. 2 If so, must such recognition take the form of registration of the foreign birth certificate, or can other means such as adoption suffice?

Ratio Decidendi

Article 8 ECHR requires that domestic law provide a possibility of recognition of a legal parent-child relationship between a child born abroad through gestational surrogacy and the intended mother, but does not require that such recognition take the form of registration of the foreign birth certificate; other means, such as adoption, may suffice if they are prompt and effective and serve the child's best interests.

Court Disposition

Advisory opinion delivered; guidance provided to requesting court.

Orders

  • Domestic law must provide a possibility of recognition of a legal parent-child relationship with the intended mother in surrogacy cases.
  • Such recognition need not take the form of registration of the foreign birth certificate; alternatives such as adoption are acceptable if prompt, effective, and in the child's best interests.