Still the surrogacy in the jurisprudence of the European Court of Human Rights

Abstract

The case of Valdís Fjölnisdóttir and Others v. Iceland is the most recent decision of the European Court of Human Rights (ECtHR) regarding surrogacy and this comment is the pretext to return to this topic. The case involves the recognition of parenthood in Iceland of a child born through surrogacy in the United States. To analyse the ECtHR’s decision, this comment makes a brief visit to the concept of right to respect for private and family life, established in Article 8 of the European Convention on Human Rights (ECHR), and to the ECtHR jurisprudence regarding surrogacy.