Strasbourg grapples with international surrogacy and the concept of “family”

UK Human Rights Blog

Paradiso and Campanelli v Italy (Application no. 25358/12), 24 January 2017 – read judgment

The Strasbourg Court ruled earlier this year that the prohibition on commercial surrogacy arrangements did not justify the Italian authorities’ actions in removing a 9 month old child from its non-biological parents and taking him into social care. Although they found no right to family life applied in the circumstances, there was a right to private life which the Italian authorities had breached.

The majority judgment as well as the dissenting and partially concurring opinions summarised below reveal very different approaches to the concept of family life across the Strasbourg bench.

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