France forced to recognise surrogate rights

by Annalisa Lista - 2014.06.27
France forced to recognise surrogate rights
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France has been ordered to compensate two families for not having recognised their rights when they had children born through a surrogate mother abroad. This ruling yesterday from the European Court of Human Rights recognises that the rights of the child and family should take precedence over specific national bans on artificial insemination, thus overturning the final decision of France's Supreme Court in 2011. The court's refusal to recognise the parental status of two biological fathers and two sterile mothers who became parents through a surrogate mother 15 years ago in the US, infringed the fundamental rights of the children, undermining their identity and nationality. This had negative consequences, both at a psychological and social level and in a strictly legal sense as regards any hereditary issues. This has prevented them from fully exercising their rights in their country of origin. France is therefore facing harsh penalties over this and will be forced to pay €20,000 to the couple with twins and €9,000 to the other couple, who have one daughter.

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