Surrogacy and the ECtHR: Reflections on Paradiso and Campanelli v Italy

Iliadou, Marianna

Abstract

This case note analyses the recent judgment of the European Court of Human Rights in Paradiso and Campanelli v Italy and examines its implications for cross-border surrogacy in Europe. It is argued that this judgment is highly significant, because it sets new standards in terms of the concept of family life under Article 8 of the European Convention on Human Rights. This judgment, it is argued, only appears to bring a halt to the (seemingly) backdoor legitimacy of commercial surrogacy established by the findings of the Second Section and previous judgments of the Court. Finally, this case note critiques the Grand Chamber’s findings and examines its likely impact on the problem of cross-border surrogacy.

Citation

Iliadou, M. (2019). Surrogacy and the ECtHR: Reflections on Paradiso and Campanelli v Italy. Medical Law Review, 27(1), 144-154. https://doi.org/10.1093/medlaw/fwy002

• Journal Article Type: Article
• Acceptance Date: Jan 3, 2018
• Online Publication Date: Feb 21, 2018
• Publication Date: Feb 1, 2019
• Deposit Date: Feb 26, 2018
• Publicly Available Date: Feb 21, 2020
• Journal: Medical Law Review
• Print ISSN: 0967-0742
• Electronic ISSN: 1464-3790
• Publisher: Oxford University Press
• Peer Reviewed: Peer Reviewed
• Volume: 27
• Issue: 1
• Pages: 144-154
• DOI: https://doi.org/10.1093/medlaw/fwy002
• Public URL: https://durham-repository.worktribe.com/output/1338448