Surrogacy does not cancel the right to have babies. Italy condemned by ECHR

by Annalisa Lista - 2015.01.27

Italy has been condemned for having taken away from a couple the child they had through surrogacy. The heavy judgment comes from the European Court of Human Rights, that has accepted the complaint of the couple presented in 2012. According to events, a husband and his wife went to Russia in 2011 to have a bay through the technique of the womb in rent. Then, after registering the birth into the Russian civil registry, they came back Italy asking for the registration of the document in the Italian General Register Office but their request was rejected since Italian authorities verified there was no biological link between parents and the baby. Moreover, mistrusting the couple’s identity and intentions, they removed the baby from his parents, giving him in adoption to another family. After this, the Court has decided that Italy has violated the Article 8 of the Convention (right to the respect of private and family life) since the removal can be executed only in real dangerous cases. However, the Court’s judgment does not force authorities to give the baby back to the first couple since they have to consider the deep bond he has developed with his new family. The only obligation for the Italian state is the deposit of a compensation to the spouses.

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