Recent jurisprudential developments on the subject of surrogate motherhood: The cases Mennesson and Labassee versus France before the European Court of Human Rights

Theodoros Trokanas
2016
Recent jurisprudential developments on the subject of surrogate motherhood: The cases Mennesson and Labassee versus France before the European Court of Human Rights I. Preface Two rulings of the European Court of Human Rights (hereinafter ECHR) were simultaneously made public on 26th June 2014, both of which on the topic of surrogate motherhood. The first concerned the Mennesson vs. France hearing, whereas the second the Labassee vs. France hearing. The facts in both cases bear a similarity,
more » ... ar a similarity, but since the reasoning of the former case is more thorough than the latter, this paper has been written on the basis of the former case, during the analysis of which though the reader will have his attention drawn to the similarities in the reasoning of both cases (references in parentheses). II. The facts of Menesson vs. France case In the Menesson vs. France case, a French married couple, in the wake of several failed attempts to procreate by means of homologous artificial insemination, decided to try heterologous for the wife artificial insemination, i.e. egg donation, combined with transfer of the fertilized eggs into the womb of a gestational carrier. To effect the undertaking, the couple travelled to California, where they entered into a surrogate motherhood agreement. Therein the couple brought the matter before the Supreme Court of California, which by virtue of a ruling issued on 14/07/2000 acknowledged the intended spouses as the genetic father and the legitimate mother respectively of the twins to be born. The birth took place on 25/10/2010 and in accordance with the aforementioned court ruling the relevant birth certificates were drawn up, followed by the issuance of American passports for the twins by the American federal authorities, quoting the French couple as their parents. Recent jurisprudential developments on the subject of surrogate motherhood 120
doi:10.26262/culres.v5i0.4957 fatcat:ramchrjz5fbora6g52sx77hepm