Special adoption request by intended parent rejected in absence of strong relationship with the child
Contents for term
Special adoption request by intended parent rejected in absence of strong relationship with the child
Same-sex couple – Recognition of child’s born by surrogacy birth certificate – Biological mother and intended mother’s separation
Request to register both women and not only the giving-birth mother as mothers of a child born through recourse to heterologous MAR - civil registrar cannot receive intentional parent’s statement aiming at establishing a a parent-child relationship
Intended parent’s name excluded from the child’s born-by-surrogacy birth certificate – Domestic dispute over the registration of a foreign court order
Social policy, Directive (EU) 2019/1158, balance between working life and private life of parents – Single-parent family, equal treatment with two-parent families – Extension of maternity leave
Judge Rapporteur: A. Prechal
Violation of Article 8 (positive obligations and private life) - Inability of the applicant, who was adopted as a child, to obtain information concerning her biological origins and health information about her biological parents - Failure to strike a balance between the competing interests at stake
Violation of Article 8 (Family life) - Termination of custody and foster care agreement of transgender person in respect of two minors on account of his diagnosis of “transsexualism” and change of gender identity
Dissenting / Concurring: Georgios A. Serghides
Law enforcement - Winners absent from work for maternity leave - Violation of equal treatment between women and men and of the special protection of mothers and children
Adoption of a child by same-sex couples - Assessment of withdrawal of consent to adoption by the biological parent - Assessment of the child's best interests
Adoption in ‘special cases’ is the legal instrument for the intended parent in same-sex couples
Recognition of judgment delivered by foreign judge regarding intended mother’s full adoption of a child, biological son of one of the two partners of a female same-sex couple married abroad – Request for transcription of foreign birth certificate – Child born abroad by medically assisted reproduction
Illicit removal of a child habitually resident in Argentina, relocated by the taking parent to Paraguay without the father's consent - Violation of the duty of due diligence for failing to locate for nine years a child regularly attending school and receiving public health care - Violation of the right to personal integrity for putting the applicant in a permanent state of anguish - Violation of the obligation to respect the rights and freedoms without any discrimination
Dissenting / Concurring: Pérez Manrique, Ferrer Mac-Gregor Poisot, Mudrovitsch / Sierra Porto, Hernándz López, Pérez Goldberg
Pregnant adolescent encouraged to give her unborn child up for adoption by health professionals on the basis of gendered stereotypes concerning her unsuitability to find a partner to form a family should the child be kept by her – Authorization to adopt the baby signed by the mother without any assisting lawyer in a document directed to the Provincial Direction for the Promotion of the Rights of the Child, Adolescent and the Family – Violation of the rights to equality, family life, judicial guarantees, judicial protection, physical integrity, live free from violence, and the rights of
Medically assisted procreation – Refusal of the civil registrar to name the intended mother together with the biological mother
Surname of children born outside of marriage or born to married couples – Violation of children’s right to a personal identity and of the principle of equality in the relationship between the parents – It is up to the legislator to weigh the interests of children to have the same surname as their brothers and sisters
Surrogacy – Registration in Italy of a born-by-surrogacy child’s foreign birth certificate - Possibility of granting the status of child recognised also by the intentional mother
Refusal of the civil registrar to two women’s request to correct their child’s birth certificate by naming both as mothers – Child born in Italy through recourse to medically assisted reproduction carried out by a female same-sex couple
Prohibition of surrogacy as an obstacle to the recognition of the foreign order establishing the filiation of the child born abroad – Prohibition in Italy of transcription of the foreign order naming the intended parent as the child's parent
Adoption of children “in special cases” – Recognition of kinship resulting from adoption – Violation of the principle of the equal treatment of all children, regardless of whether they are born in or out of wedlock or adopted
Article 8 (Positive obligations) - Inability to obtain recognition of legal parent-child relationship between child and biological mother’s former female partner