Informujemy, że Państwa dane osobowe są przetwarzane przez Fundację Instytut na Rzecz Kultury Prawnej Ordo Iuris z siedzibą w Warszawie przy ul. Górnośląskiej 20/6, kod pocztowy 00-484 (administrator danych) w celu informowania o realizacji działań statutowych, w tym do informowania o organizowanych akcjach społecznych. Podanie danych jest dobrowolne. Informujemy, że przysługuje Państwu prawo dostępu do treści swoich danych i możliwości ich poprawiania.
Skip to main content
PL | EN
Facebook Twitter Youtube

Ordo Iuris before the ECtHR in defense of the dignity of women and children used in surrogacy

Published: 02.08.2022

Adobe Stock

 

· The Strasbourg Court receives complaints against states that refuse to recognize the legal consequences of the so-called surrogacy - surrogacy.

· Surrogacy consists in hiring a woman who wishes to have children, who undertakes to undergo IVF, give birth to a child and transfer parental rights to the principals.

· Surrogation is still illegal in most European countries, so couples unable to conceive naturally - for example same-sex couples - go abroad to benefit from this "service".

· The Ordo Iuris Institute joins the proceedings before the ECtHR in this type of case as a friend of the court, recalling that surrogacy is incompatible with the rights of women and children.

The European Court of Human Rights in Strasbourg received a series of complaints from same-sex couples whom Italy did not want to recognize as rightful parents of children conceived under the so-called surrogate abroad. This practice consists in hiring a woman who wishes to have children and obliges them to undergo IVF, give birth to a child and renounce their parental rights - usually for remuneration. Usually, in in vitro fertilization, gametes from both clients are used, and if it is impossible to collect from one of them - from an anonymous donor. There are cases when both the sperm and the egg come from anonymous donors - then the child is not related to any of the principals. Nevertheless, they still strive to be recognized as full parents in their home countries.

In most European countries, surrogate is illegal, but in some - such as India, Ukraine, and the US California - it is allowed. This gave rise to the so-called surrogate tourism, in which couples who are unable to conceive a child by natural means first go abroad in order to communicate with the so-called surrogate, and after the child is born, they bring them back to their homeland, where they try to register as natural parents.

In the case of same-sex couples, a child born by a surrogate, for obvious reasons, may be related only to one of the principals. In such a situation, the authorities of European countries refuse to recognize as a parent a person who is not genetically related to the child thus conceived. This was the case in nine cases against Italy, in which the principal's partner sought recognition as a parent solely on the basis of being in a genetic relationship with the father or mother of the child. The Ordo Iuris Institute joined these proceedings as a friend of the court.

- In our opinion, we raise arguments that states have the right not only to prohibit surrogacy in their territory, but also to refuse to recognize the legal consequences of surrogacy carried out by their citizens abroad, where it is legal. We are talking about a practice that offends the dignity of the woman and the child himself, becoming the subject of a kind of commercial transaction between his mother and the couple ordering conception. Surrogacy practices are incompatible, inter alia, with the Convention for the Protection of Human Rights and the Dignity of the Human Being in the Field of the Application of Biology and Medicine and with the Optional Protocol to the UN Convention on the Rights of the Child - noted Weronika Przebierała, director of the International Law Center of the Ordo Iuris Institute.

Family and marriage

14.05.2025

Family and Natural Law Are the Pillars of Free Nations. Jerzy Kwaśniewski's Speech in Nairobi

• In Nairobi, the 2nd Pan-African Conference on Family Values is taking place with the participation of representatives from Ordo Iuris.

Read more
Family and marriage

09.05.2025

Pan-African Conference on Family Values. Ordo Iuris in Nairobi

• Representatives of the Ordo Iuris Institute will participate in the Pan-African Conference on Family Values, which will begin on May 12 in Nairobi, the capital of Kenya. Ordo Iuris is a partner of the event.

Read more
Family and marriage

07.05.2025

European Court of Human Rights Makes Another Attempt to Challenge the Institution of Marriage in Poland

• The European Court of Human Rights has upheld a complaint by a same-sex couple whose Polish registry office refused to register a marriage contracted in the United Kingdom. This is the fourth judgment in which the ECHR indicates that Poland has an obligation to ensure that same-sex couples can formalize their cohabitation.

Read more
Family and marriage

17.04.2025

Instrumental treatment of children and violence against women – Ordo Iuris opinion for the UN on surrogacy

• The Ordo Iuris Institute has prepared an opinion for the UN as part of a thematic report on surrogacy and its impact on the rights of women and children.

Read more