Abstract
Surrogate motherhood is one of the most ethically sensitive phenomena today. Different views on the nature, purpose and consequences of surrogate motherhood lead to different approaches regarding political and legal regulation of surrogacy at the state level. As a result, couples who opt for this type of assisted parenting are often forced to carry out the entire procedure outside the territory of their home country. Thus, surogacy takes on the characteristics of a transnational phenomenon, creating a complex ground for the protection of human rights, primarily the rights of children who are born in the cirmumstances of surrogate motherhood. Consequently, national courts are forced to weigh between the prohibition of surrogacy and the protection of public safety, on the one hand, and the protection of the best interests of the child, on the other. However, the circle does not close in the field of national jurisdictions. Thus, the agenda of the European Court of Human Rights increasingly includes delicate applications related to the protection of private and family life in light of surrogate motherhood. This research focuses on two recent cases, which provide a framework for understanding a kind of continuity in the reasoning of the European Court of Human Rights in this domain, but also for identifying new focal issues that will inevitably accompany the modalities of contemporary transnational surrogacy.
Publisher
Centre for Evaluation in Education and Science (CEON/CEES)
Reference26 articles.
1. Blauwhoff, R. & Frohn, L. (2016). International Commercial Surrogacy Arrangements: The Interests of the Child and as a Concern of Both Human Rights and Private International Law. In: Christophe Paulussen et. al (Eds.), Fundamental Rights in International and European Law - Public and Private Law Perspectives (pp. 211-241);
2. Bromfield, N. F. and Smith Rotabi, K. (2014). Global Surrogacy, Exploitation, Human Rights and International Private Law: A Pragmatic Stance and Policy Recommendations. Global Social Welfare. 1. 123-135;
3. Caracciolo di Torella, E. and Foubert, P. (2015). Surrogacy, pregnancy, and maternity rights: a missed opportunity for a more coherent regime of parential rights in the EU. University of Leicester School of Law Research Paper No 15-20;
4. Damjanović, D. (2020). Surogatstvo - novi izazov za međunarodno privatno pravo. U D. Ćeranić (Ur.), Zbornik radova "Pravo, tradicija i promjene" (str. 261-286). Istočno Sarajevo: Pravni fakultet Univerziteta u Istočnom Sarajevu;
5. Dillaway, H. E. (2008). Mothers for Others: A Race, Class, and Gender Analysis of Surrogacy. International Journal of Sociology of the Family. 34(2). 301-326;