SURROGATE MOTHERHOOD AND PRIVATE INTERNATIONAL LAW

The European Court of Human Rights (ECHR) judgment of 27 January 2015 (case Paradiso y Campanelli vs Italy), along with the rulings of June 26, 2014 (Mennesson vs France and Labassee vs France) deals with the complex issue of surrogacy.

The jurisprudence of the European Court of Human Rights contrasts with the decisions of the Spanish Supreme Court. The Supreme Court Order of February 11, 2015, dismissed the application for the annulment of its judgment of February 6, 2014, issued in relation to the registration of the filiation status of some children born via surrogacy. The Court understands, albeit with several dissenting judges, that the aforementioned judgment neither infringes the fundamental rights of minors nor the rights of those who asked for being registered as parents.

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