Peer-Reviewed Journal Details
Mandatory Fields
Bracken, L
2022
May
European Journal of Health Law
Cross-Border Surrogacy before the European Court of Human Rights: Analysis of Valdis Fjolnisdottir and Others v Iceland
Published
0 ()
Optional Fields
29
194
216
The recent case of Valdis Fjolnisdottir and Others v Iceland adds to the emerging ECtHR jurisprudence on cross-border surrogacy. It reinforces principles established in previous cases and, in doing so, clarifies the scope of the child's rights under Article 8 ECHR, and hence clarifies the scope of the obligations placed on Member States in cases of cross-border surrogacy. At the same time, consideration of Valdis Fjolnisdottir reveals significant omissions in the approach adopted by the ECtHR as regards consideration of the rights of the child. In this way, aspects of Valdis Fjolnisdottir confuse, rather than clarify, the scope of the child's Article 8 ECHR rights in cases of cross-border surrogacy. This article examines the Valdis Fjolnisdottir judgment with a view to identifying emerging principles, as well as contradictions, in the developing body of jurisprudence relating to cross-border surrogacy.
LEIDEN
0929-0273
10.1163/15718093-BJA10059
Grant Details