What makes a parent in surrogacy cases? Reflections on the Fjölnisdóttir et al. v. Iceland decision of the European Court of Human Rights
The present commentary analyses and discusses the Fjölnisdóttir et al. v. Iceland decision of the European Court of Human Rights (ECtHR) of 18 May 2021. The case concerned an Icelandic couple who had been recognised as the legal parents of a child born by a surrogate mother in California. In contras...
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ftunivzuerich:oai:www.zora.uzh.ch:217357 2024-04-21T08:05:26+00:00 What makes a parent in surrogacy cases? Reflections on the Fjölnisdóttir et al. v. Iceland decision of the European Court of Human Rights März, Julian W 2021-09-01 application/pdf https://www.zora.uzh.ch/id/eprint/217357/ https://www.zora.uzh.ch/id/eprint/217357/1/09685332211043499.pdf https://doi.org/10.5167/uzh-217357 https://doi.org/10.1177/09685332211043499 eng eng Sage Publications https://www.zora.uzh.ch/id/eprint/217357/1/09685332211043499.pdf doi:10.5167/uzh-217357 doi:10.1177/09685332211043499 urn:issn:0968-5332 info:eu-repo/semantics/openAccess Creative Commons: Attribution-NonCommercial 4.0 International (CC BY-NC 4.0) http://creativecommons.org/licenses/by-nc/4.0/ März, Julian W (2021). What makes a parent in surrogacy cases? Reflections on the Fjölnisdóttir et al. v. Iceland decision of the European Court of Human Rights. Medical Law International, 21(3):272-285. Institute of Biomedical Ethics and History of Medicine 610 Medicine & health Law General Medicine Journal Article PeerReviewed info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion 2021 ftunivzuerich https://doi.org/10.5167/uzh-21735710.1177/09685332211043499 2024-03-27T16:41:30Z The present commentary analyses and discusses the Fjölnisdóttir et al. v. Iceland decision of the European Court of Human Rights (ECtHR) of 18 May 2021. The case concerned an Icelandic couple who had been recognised as the legal parents of a child born by a surrogate mother in California. In contrast to most other surrogacy cases decided by the ECtHR, however, the child had no biological link to either of the intended parents. The ECtHR thus found that a ruling of the Supreme Court of Iceland which had rejected the recognition of the legal parenthood of the intended parents under Icelandic law had not violated Art. 8 of the European Convention on Human Rights, despite the fact that joint adoption by the intended parents was not possible in this case. The present commentary argues that this decision exaggerates the importance of the biological link, creating injustices at the expense of the child concerned. In conclusion, the commentary calls for a more consistent and holistic framework to protect the best interests of the child and to prevent abuses of transnational commercial surrogacy. Article in Journal/Newspaper Iceland University of Zurich (UZH): ZORA (Zurich Open Repository and Archive |
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Open Polar |
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University of Zurich (UZH): ZORA (Zurich Open Repository and Archive |
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ftunivzuerich |
language |
English |
topic |
Institute of Biomedical Ethics and History of Medicine 610 Medicine & health Law General Medicine |
spellingShingle |
Institute of Biomedical Ethics and History of Medicine 610 Medicine & health Law General Medicine März, Julian W What makes a parent in surrogacy cases? Reflections on the Fjölnisdóttir et al. v. Iceland decision of the European Court of Human Rights |
topic_facet |
Institute of Biomedical Ethics and History of Medicine 610 Medicine & health Law General Medicine |
description |
The present commentary analyses and discusses the Fjölnisdóttir et al. v. Iceland decision of the European Court of Human Rights (ECtHR) of 18 May 2021. The case concerned an Icelandic couple who had been recognised as the legal parents of a child born by a surrogate mother in California. In contrast to most other surrogacy cases decided by the ECtHR, however, the child had no biological link to either of the intended parents. The ECtHR thus found that a ruling of the Supreme Court of Iceland which had rejected the recognition of the legal parenthood of the intended parents under Icelandic law had not violated Art. 8 of the European Convention on Human Rights, despite the fact that joint adoption by the intended parents was not possible in this case. The present commentary argues that this decision exaggerates the importance of the biological link, creating injustices at the expense of the child concerned. In conclusion, the commentary calls for a more consistent and holistic framework to protect the best interests of the child and to prevent abuses of transnational commercial surrogacy. |
format |
Article in Journal/Newspaper |
author |
März, Julian W |
author_facet |
März, Julian W |
author_sort |
März, Julian W |
title |
What makes a parent in surrogacy cases? Reflections on the Fjölnisdóttir et al. v. Iceland decision of the European Court of Human Rights |
title_short |
What makes a parent in surrogacy cases? Reflections on the Fjölnisdóttir et al. v. Iceland decision of the European Court of Human Rights |
title_full |
What makes a parent in surrogacy cases? Reflections on the Fjölnisdóttir et al. v. Iceland decision of the European Court of Human Rights |
title_fullStr |
What makes a parent in surrogacy cases? Reflections on the Fjölnisdóttir et al. v. Iceland decision of the European Court of Human Rights |
title_full_unstemmed |
What makes a parent in surrogacy cases? Reflections on the Fjölnisdóttir et al. v. Iceland decision of the European Court of Human Rights |
title_sort |
what makes a parent in surrogacy cases? reflections on the fjölnisdóttir et al. v. iceland decision of the european court of human rights |
publisher |
Sage Publications |
publishDate |
2021 |
url |
https://www.zora.uzh.ch/id/eprint/217357/ https://www.zora.uzh.ch/id/eprint/217357/1/09685332211043499.pdf https://doi.org/10.5167/uzh-217357 https://doi.org/10.1177/09685332211043499 |
genre |
Iceland |
genre_facet |
Iceland |
op_source |
März, Julian W (2021). What makes a parent in surrogacy cases? Reflections on the Fjölnisdóttir et al. v. Iceland decision of the European Court of Human Rights. Medical Law International, 21(3):272-285. |
op_relation |
https://www.zora.uzh.ch/id/eprint/217357/1/09685332211043499.pdf doi:10.5167/uzh-217357 doi:10.1177/09685332211043499 urn:issn:0968-5332 |
op_rights |
info:eu-repo/semantics/openAccess Creative Commons: Attribution-NonCommercial 4.0 International (CC BY-NC 4.0) http://creativecommons.org/licenses/by-nc/4.0/ |
op_doi |
https://doi.org/10.5167/uzh-21735710.1177/09685332211043499 |
_version_ |
1796944939729289216 |