The Best Interests of the Child and the Position of the European Court of Human Rights on Gamete Donation and Surrogacy
by María Aránzazu Novales Alquézar
pp. 160-183 Issue 16 (8,2) – July-December 2021 ISSN (online): 2539/2239 ISSN (print): 2389-8232 DOI: http://dx.doi.org/10.14718/SoftPower.2021.8.2.9
Abstract
The legal and ethical problems generated by the new assisted reproduction techniques have been the object of specialized attention in recent years. One of them arises when the filiation of the born is determined in accordance with the law of the State of destination, and recognition of it is sought in a country in which such filiation is not admitted, as is the case of Spain regarding surrogacy. The ECHR has dealt with the problems generated in some countries such as France or Italy, in relation to the best interest of the minor. Most of the sentences refer to the arrival in European countries that forbid surrogacy, as a consequence of processes followed abroad where the agreement has been made to develop the process of this pregnancy, which is prohibited in many European countries.