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
Contents for term
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
Decision depriving parents of custody of their children due to inability to properly care for them and children’s wishes to remain in foster care, within State’s margin of appreciation - No violation
Refusal by domestic courts to legally establish the applicant's paternity with regard to his biological son, born from surrogacy carried out in France, after having been entrusted by the surrogate mother to a third-party couple - Violation of Article 8
Article 8 and Article 14 (+ Article 8) - Private life applicable - Lack of legal recognition of parenthood to intended mother with no biological ties to a child born through a gestational surrogacy arrangement abroad
Dissenting / Concurring: Ivana Jelić/O’Leary
Article 8 (Positive obligations) - Inability to obtain recognition of legal parent-child relationship between child and biological mother’s former female partner
Rejection of the applicant’s request for contact rights with her former spouse’s child, who had been conceived by medically assisted procreation - Violation of Article 8 (right to respect for private and family life)
Birth certificate issued by the Member State of birth of the child and designating two mothers in respect of that child – Refusal by the Member State of origin of one of those two mothers to transcribe that birth certificate into the national register of civil status – Transcription of that certificate being a prerequisite for the issuing of identity documents, national legislation of that Member State of origin not recognising the parenthood of persons of the same sex
Judge Rapporteur: M. Ilešič
Adoption procedure initiated by the authorities in breach of the mother’s and her child’s right to respect for family life - Evaluation of the alleged mother's inability to fulfil her parental duties based on stereotyped assumptions concerning gender roles and her sexual life
Dissenting / Concurring: sexual expression, discrimination against women, adoption
Refusal to allow adoption of children born abroad via surrogacy by wife of their genetic father, despite no other possibilities of recognition of a legal parent-child relationship - No obstacles to enjoying family life by children born abroad via surrogacy and their genetic father’s wife, who was granted joint custody but not adoption
Disproportionate order by family court de facto preventing couple in stable relationship from living together to safeguard interests of child from mother’s previous marriage - Violation of Article 8
Father of child born out of wedlock unable to exercise parental responsibility without mother’s consent, in spite of parentage established by DNA test - Violation of Article 14
Cancellation without judicial review of the suspensive effect of fathers’ appeals, thereby enabling their children to leave the country with their mothers and removing the jurisdiction of the domestic courts
Cancellation without judicial review of the suspensive effect of fathers’ appeals, thereby enabling their children to leave the country with their mothers and removing the jurisdiction of the domestic courts -Violation of Article 6.
Article 14 (+ Article 8 read in light of Article 9) - Revocable and reviewable order prohibiting a Jehovah’s Witness from actively involving his young child, brought up in Catholicism, in his religious practice - No violation
Dissenting / Concurring: Péter Paczolay, Gilberto Felici
Article 8 (Private and family life/Positive obligations) Article 14 (+ Article 8) - Transgender person unable to obtain a full birth certificate without gender reassignment reference, while its short extract and new ID documents indicate only reassigned gender - Applicant not in analogous situation with adopted children who were issued a new birth certificate in the event of full adoption
Custody of minors, children of unmarried parents, governed by the principle of protection of the best interests of the child - ‘Super-exclusive’ custody of the minor daughter to the father - Mother suffering from the so-called ‘malevolent mother’ syndrome
Out-of-wedlock child’s surname - Automatic attribution of the father’s surname – Alleged violation of the right to personal identity and the principle of equality, also with regard to European and supranational obligations