Ludovica Poli

The First (Tepid) ECtHR's Advisory Opinion: Many Questions on Surrogacy Remain Open

  • Abstract

Informations and abstract

Keywords: Europen Court of Human Righs; Protocol No. 16; Advisory Opinion; Surrogacy; Private and Family Life.

A few months after the entry into force of Protocol 16, the European Court has adopted its first advisory opinion, answering the questions raised by the French Court of Cassation and concerning the recognition of family ties in the event of surrogacy. The paper first addresses the relevance of this new procedure on biolaw issues. It then considers the opinion in details, stressing that it leaves many questions open on a particularly controversial topic such as surrogacy.

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