Same-sex couple – Recognition of child’s born by surrogacy birth certificate – Biological mother and intended mother’s separation

Intended parent’s name excluded from the child’s born-by-surrogacy birth certificate – Domestic dispute over the registration of a foreign court order

Adoption in ‘special cases’ is the legal instrument for the intended parent in same-sex couples

Refusal to register details of foreign birth certificate establishing legal relationship between child born through surrogacy arrangement abroad and her biological father, without considering alternative solution - Violation of Article 8

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

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

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

Article 8 (Positive obligations) - Inability to obtain recognition of legal parent-child relationship between child and biological mother’s former female partner

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

Foreign decree recognising the parental relationship between a child born abroad as a result of surrogacy and the “intended parent” – Current lack of protection for the interests of the child

Recognition of the foreign order establishing a child’s adoption by a same-sex couple – Refusal to register it in case of adoption by same-sex couples

Inability to obtain Polish nationality by descent by children born through surrogacy in USA to same-sex couple and residing in Israel, where legal parent-child link is recognised - inadmissible

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

Surrogacy – Registration in Italy of a born-by-surrogacy child’s foreign birth certificate

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

Ban on surrogacy in Italy - Use of surrogacy in other countries that allow it - Impossibility of prosecuting the criminal offence in Italy

Ban on surrogacy – Recognition of the relationship with the intended parent – Referral to Corte Costituzionale that will rule on the recognition of a child born abroad through surrogacy

The applicants, a married couple and their daughter born in Ukraine via gestational surrogacy, faced a refusal by the French Court of Appeal in 2017 to fully register the Ukrainian birth certificate, listing only the legal father-child relationship - The Court held that the intended mother could establish a legal relationship through adoption, not directly through the foreign birth certificate, in accordance with French law which does not permit gestational surrogacy - The Court found this approach did not violate the child's rights, as the adoption process provided an effective mechanism f

Article 8 (Respect for family life/Respect for private life) - Protracted non-recognition of legal parent-child relationship between child born through gestational surrogacy abroad and intended father who was genetic father’s registered partner