TY - JOUR
T1 - Cross-Border Surrogacy Before the European Court of Human Rights
T2 - Analysis of Valdís Fjölnisdóttir And Others v Iceland
AU - Bracken, Lydia
N1 - Publisher Copyright:
© 2021 Copyright by Koninklijke Brill NV, Leiden.
PY - 2021
Y1 - 2021
N2 - The recent case of Valdís Fjölnisdóttir and Others v Iceland adds to the emerging ECtHR jurisprudence on cross-border surrogacy. It reinforces principles established in previous cases and, in doing so, clarifies the scope of the child's rights under Article 8 ECHR, and hence clarifies the scope of the obligations placed on Member States in cases of cross-border surrogacy. At the same time, consideration of Valdís Fjölnisdóttir reveals significant omissions in the approach adopted by the ECtHR as regards consideration of the rights of the child. In this way, aspects of Valdís Fjölnisdóttir confuse, rather than clarify, the scope of the child's Article 8 ECHR rights in cases of cross-border surrogacy. This article examines the Valdís Fjölnisdóttir judgment with a view to identifying emerging principles, as well as contradictions, in the developing body of jurisprudence relating to cross-border surrogacy.
AB - The recent case of Valdís Fjölnisdóttir and Others v Iceland adds to the emerging ECtHR jurisprudence on cross-border surrogacy. It reinforces principles established in previous cases and, in doing so, clarifies the scope of the child's rights under Article 8 ECHR, and hence clarifies the scope of the obligations placed on Member States in cases of cross-border surrogacy. At the same time, consideration of Valdís Fjölnisdóttir reveals significant omissions in the approach adopted by the ECtHR as regards consideration of the rights of the child. In this way, aspects of Valdís Fjölnisdóttir confuse, rather than clarify, the scope of the child's Article 8 ECHR rights in cases of cross-border surrogacy. This article examines the Valdís Fjölnisdóttir judgment with a view to identifying emerging principles, as well as contradictions, in the developing body of jurisprudence relating to cross-border surrogacy.
KW - Article 8, private and family life
KW - children's rights
KW - cross-border surrogacy
KW - ECHR
UR - http://www.scopus.com/inward/record.url?scp=85119515415&partnerID=8YFLogxK
U2 - 10.1163/15718093-bja10059
DO - 10.1163/15718093-bja10059
M3 - Article
C2 - 34740199
AN - SCOPUS:85119515415
SN - 0929-0273
VL - 29
SP - 194
EP - 216
JO - European Journal of Health Law
JF - European Journal of Health Law
IS - 2
ER -