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

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

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

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

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

Lack of legal recognition of the filiation relationship between a child born abroad through surrogacy and the intended parent – Refusal to register in Italy foreign order

Same-sex couple – Registration in Italy of a foreign judgment attributing the parenthood to two men

Verification of the parental relationship between a child born abroad as a result of surrogacy and the “intended parent” – Protection for child’s best interests

Commissioning mother who has had a baby through a surrogacy arrangement – Refusal to grant her maternity leave – Less favourable treatment of a commissioning mother as regards the grant of maternity leave

Commissioning mother who has had a baby through a surrogacy arrangement – Refusal to grant her paid leave equivalent to maternity leave or adoptive leave – Commissioning mother unable to bear a child

Refusal to grant legal recognition in France to parent-child relationships that had been legally established in the United States between children born as a result of surrogacy arrangement and the couples who had had recourse to such arrangements - Violation of Article 8 (Respect for private life)