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
Assisted Reproductive Technologies - Ban on same-sex couples and penalties for non-compliance - Alleged infringement of the fundamental right to parenthood in same-sex couples, unequal treatment on the basis of sexual orientation and economic conditions, violation of maternity protection, human dignity and the right to health, as well as the right to respect for private and family life and the prohibition of discrimination provided for by the ECHR and other international sources
Heterologous medically assisted procreation – Commodification of assisted procreation - Production and circulation of gametes for a fee contrary to the principles of free and voluntary donation of human tissues and cells
Refusal to allow a deceased man’s sperm to be exported at the request of a parent wishing to become a grandparent or continue the family line - inadmissible
Refusal by the domestic courts to grant the request by two women to delegate parental authority over their respective biological child to their partner - Manifestly ill-founded
A female married couple who had applied for medically assisted reproduction by means of artificial insemination - The application was rejected by a hospital on the grounds that “the Bioethics Law currently in force in France did not authorise such medical provision for same-sex couples” - inadmissible
Refusal to award contact rights to the applicant in respect of the child which had been born to her former partner in Belgium using assisted reproductive techniques while the two women were a couple, despite the fact that the applicant had raised the child during his early years - No violation of Article 8 (right to respect for family life)
The case concerned the couple’s complaint that they had not been able to recover embryos that had been seized by the prosecuting authorities in 2009 and that they had been prevented from having another child - Violation of Article 8 (preventing the applicants from retrieving their embryos as ordered by the High Court of Cassation constituted an interference with their right to respect for their private life)
Medically assisted heterologous procreation abroad in a married couple - Father's consent to medically assisted heterologous procreation abroad cannot be withdrawn – Rescission of paternity
Registration in Italy of a foreign birth certificate establishing two same-sex parents – Foreign birth certificate recognizing the child has two mothers
Non-consensual explantation of oocytes from a woman's ovaries in order to unfairly profit and to implant embryos in other patients - Offence of private violence - Oocytes not considered ‘things’
Medically assisted reproduction - Experimental research on human embryos – Ban on clinical and experimental research on human embryos not aimed at protecting the health and at developing the embryo itself
Medically assisted reproduction – Experimentation on human embryos – Ban on any form of embryonic selection for eugenic purposes
Medically Assisted Procreation - Access to PAM methods – Ban for couples who are neither sterile nor infertile, even if carriers of transmittable genetic diseases
Assisted Reproductive Technologies - Bar on heterologous medically assisted reproduction and fines to facilities performing it - Incompatibility with the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) private family establishing the right to respect for private and family life and the prohibition of discrimination
Medically Assisted Procreation - Prohibition on the heterologous fertilisation
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
Obstructive behaviour of local authorities in not returning embryos seized pursuant to investigation subsequently acknowledged by domestic court - No violation
Medically assisted procreation - Refusal to admit a prisoner in solitary confinement and rigorous imprisonment (Italian art. 41-bis) to medically assisted procreation
Ban preventing healthy carriers of cystic fibrosis from screening embryos for in vitro fertilisation, despite existence of right to therapeutic abortion in domestic law - Violation of Article 8 (Respect for private life)