Medically assisted reproduction, post-mortem homologous fertilization – Birth certificate establishing the paternity of the deceased father - Consent is decisive for the attribution of parenthood
Contents for term
Medically assisted reproduction, post-mortem homologous fertilization – Birth certificate establishing the paternity of the deceased father - Consent is decisive for the attribution of parenthood
Medically assisted heterologous procreation abroad in a married couple - Father's consent to medically assisted heterologous procreation abroad cannot be withdrawn – Rescission of paternity
Individual right to parental leave on the grounds of the birth of a child — National legislation denying the right to such leave for a staff member whose wife does not work — Equal treatment of men and women in matters of employment and occupation
Judge Rapporteur: M. Safjan
Right to leave for employed mothers after the birth of a child – Possible use by an employed mother or an employed father – Non-employed mother who is not covered by a State social security scheme – No right to leave for employed father
Judge Rapporteur: M. Safjan
Prohibition of In Vitro Fertilisation violates the right to privacy and family life, personal liberty and integrity, and to non-discrimination
Dissenting / Concurring: García-Sayán, Vio Grossi
Equal treatment for male and female workers –Right to leave for employed mothers – Possible use by an employed mother or an employed father
Judge Rapporteur: P. Lindh
Medically Assisted Procreation - Possibility of an implantation of up to a maximum of three embryos - The cryopreservation of the embryos is permitted only if the transfer of the embryos into the uterus is not possible due to serious and documented reasons of force majeure relating to the health of the woman which were not foreseeable at the time of fertilisation
Violation of Article 14 (discrimination) - Inability of father of a child born out of wedlock to obtain joint custody without the mother’s consent - The applicant had been treated differently from mothers or from married or divorced fathers in that he had required his former partner's consent to joint custody
Dissenting / Concurring: Bertram Schmitt
Paternity denial of child conceived during marriage - Prior proof of the wife's adultery at the time of conception
Maternity allowance in the case of adopted children – Possibility of maternity allowance limited to the mother with exclusion of the father - Unequal treatment
Voluntary termination of pregnancy – Husband’s request for compensation for damages – Infringement of “right to paternity”
Refusal to register post-operative transsexual as father of child born to partner by artificial insemination by donor - No violation
Dissenting / Concurring: J. Casadevall, C. Russo, J. Makarczyk, Thór Vilhjálmsson, I. Foighel, D. Gotchev / L.-E. Pettiti, J. De Meyer
Days off to breastfeed during child’s first year – The father cannot take days off to breastfeed in place of a mother renouncing them – Violation of equality in marriage, parental responsibilities and of the protection of motherhood and children