32/2021, CC, 28/01/2021
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2021

Status of child born (in Italy) through recourse to heterologous medically assisted reproduction (MAP), carried out by a female couple – Possibility of granting the status of child recognised also by the intentional mother, where the conditions for ‘‘adoption in special cases’’ are not fulfilled even though the courts have established that such recognition would be in the interests of the child

A.M. and Others v. Russia, ECtHR, 47220/19, 6/7/2021
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2021

Article 8 (Family Life) Article 14 (+ Article 8) - Restriction of applicant’s parental rights and deprivation of contact with her children on gender identity grounds and domestic courts’ failure to conduct in-depth examination of entire family situation and of relevant factors - Discrimination on gender identity grounds and lack of convincing and sufficient reasons for difference in treatment vis-a-vis parents whose gender identity matched sex assignment at birth

Dissenting / Concurring: Georges Ravarani, María Elósegui

Abdi Ibrahim v. Norway, ECtHR, 15379/16, 10/12/2021 [GC]
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2021

Article 8 read in light of Article 9 - Shortcomings in decision-making process resulting in severance of mother-child ties, in a context of different cultural and religious backgrounds of mother and adoptive parents

C-262/21 PPU, CJEU, 02/08/2021

Jurisdiction, recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility – Application for return of a child of a young age whose parents have joint custody – Transfer of the child and his mother to the Member State responsible for examining an application for international protection under Regulation (EU) No 604/2013 (Dublin III))

Judge Rapporteur: M. J.–C. Bonichot

C-490/20, CJEU, 14/12/2021

Birth certificate issued by that Member State mentioning two mothers in respect of that child – Refusal by the Member State of origin of one of those two mothers to issue a birth certificate for the child in the absence of information as to the identity of the child’s biological mother – Persons of the same sex not recognised as parents under the national legislation of that Member State of origin

Judge Rapporteur: M. Ilešič

S.N. and M.B.N. v. Switzerland, ECtHR, 12937/20, 23/11/2021
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2021

Article 8 (Family life) - Return of a child to Thailand ordered by the Swiss courts in the context of international child abduction proceedings - Appropriate steps by the competent authorities to guarantee the safety of the child

Valdís Fjölnisdóttir and Others v. Iceland, ECtHR, 71552/17, 18/05/2021
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2021

Article 8 - Non-recognition of parental link with non-biological child born abroad via surrogacy, while preserving bond through foster care: “family life” applicable

X. v. Poland, ECtHR, 20741/10, 16/09/2021
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2021

Article 14 (+ Article 8) Discrimination/Family life - Refusal to grant applicant full parental rights and custody over her youngest child based solely or decisively on considerations regarding her sexual orientation - Decisive and discriminatory reliance on importance of male role model

Dissenting / Concurring: Wojtyczek

271/2020, CC, 03/12/2020
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2020

Participation of the gestational mother in the trial for the recognition of the foreign order concerning the registration of non-biological parent (the so-called intended parent) in the birth certificate of a child born abroad through surrogacy