Italian Surrogacy Update from the European Court of Human Rights

As we discussed previously, an Italian couple that had gone to Russia to create their family via surrogacy had their child taken from them when they returned home. It occurred when they came back and requested that the Italian General Registry Office register the Russian civil registry birth document.

This request was rejected, however, since the Italian authorities verified that there was no biological link between parents and the baby. Moreover, mistrusting the couple’s identity and intentions, they removed the baby from his parents, giving him up for adoption to another family.

In recent news, a judgment has come down from the European Court of Human Rights that has determined that Italy did indeed violate the Article 8 of the Convention, which is the right to privacy including one’s family life. The Court further condemned Italy for having taken away the child without evidence of serious harm to the child.

Unfortunately, this Court’s judgment does not force the Italian authorities to give the baby back to this couple since they have to consider the deep bond he has since developed with his new family. The likely outcome will be an obligation for the Italian state to compensation the couple for this violation.

Sad news and a sad outcome for everyone.


Keywords: surrogacy, surrogate, Russian surrogacy, Italian surrogacy, parental rights, surrogate mother, gestational surrogate, California surrogacy, child via surrogacy, European Court of Human Rights

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