Abstract
The text comments on the European Court of Human Rights judgement of 18 May 2021 in the case of Valdís Fjölnisdóttir and others v. Iceland. The case is another judgement of the ECtHR dealing with the phenomenon of surrogate motherhood. Indeed, the legal consequences of surrogate motherhood vary and result in challenges both in national and international legal contexts. The judgement commented on is of high importance as it dealt with links between surrogate motherhood and adoption, as well as illustrated modern challenges for civil status registration. The text provides for an in-depth analysis of the judgement concerned and identifies some ambiguity and lack of consistence in the Court’s approach to surrogate motherhood. In the course of its analysis the Valdís Fjölnisdóttir and others case is assessed as a lost chance in this respect.
Publisher
Central European Academic Publishing
Reference11 articles.
1. Bracken, L. (2021) ‘The ECtHR’s first advisory opinion: Implications for cross-border surrogacy involving male intended parents’, Medical Law International, 21(1), pp. 3–18; https://doi.org/10.1177/09685332211002592.
2. Bracken, L. (2017) ‘Assessing the best interests of the child in cases of cross-border surrogacy: inconsistency in the Strasbourg approach?’, Journal of Social Welfare and Family Law, 39(3), pp. 368–379; https://doi.org/10.1080/09649069.2017.1344393.
3. Bracken, L. (2022) ‘Cross-Border Surrogacy before the European Court of Human Rights: Analysis of Valdís Fjölnisdóttir and Others v. Iceland’, European Journal of Health Law, 29(2), pp. 194–216; https://doi.org/10.1163/15718093-bja10059.
4. Gajda, J., Łukasiewicz, R. (2019) ‘Principles of adoption system versus surrogate motherhood’ in Mostowik, P. (ed.) Fundamental legal problems of surrogate motherhood. Global perspective. Warszawa: Wydawnictwo Instytutu Wymiaru Sprawiedliwosci, pp. 709–753.
5. De Groot, D., (2021) ‘EU law and the mutual recognition of parenthood between Member States: the case of V.M.A. v Stolichna Obshtina’, [Global Governance Programme], GLOBALCIT, Special Report, 2021/01, [Global Citizenship], European University Institute, pp. 4–24.