2024
Cristina NICOLESCU, Associate Professor, Faculty of Law, University of Bucharest, The surrogacy between Scylla and Charybdis. Total ban or conditional admissibility?
DOI: https://www.doi.org/10.31178/AUBD/2024.08
Abstract: The topic of
surrogacy raises a wide range of ethical and legal dilemmas. Therefore, courts
and law makers worldwide are profoundly divided when evaluating the legitimacy
of this practice.
Genetics, and not the element of intention, continue to hold a central role around parenthood, as the European Court of Human Rights held in the main judgments regarding the controversial terrain of transnational surrogacy.
Keywords: best interest of the child; surrogacy; establishment of parenthood; the ECHR jurisprudence
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