Art. 8 din Convenție. Viață privată. Obligații pozitive. Copil născut în străinătate dintr-o gestație pentru altul (GPA). Stabilirea legăturii de filiație față de părinții de intenție
Article 8 of the Convention. Private life. Positive obligations. Child born abroad from one gestation to another (GPA). Establishing the parentage relationship with the intended parents

Summary/Abstract: In this case, the Court referred to its previous jurisprudence in the field of surrogacy and to the Opinion no. P16-2018-001 of April 10, 2019 issued at the request of the French Court of Cassation and, recognizing that, in this matter, there is no European consensus, he emphasized that, in the field of art. 8 of the Convention, the member states have the positive obligation to establish the legal framework for the recognition of the filiation link of the child born from one gestation for another (GPA) practiced abroad and the intended father, when he is also the father of the child. Regarding the recognition of the filiation relationship with the intended mother, the Court recognizes the possibility of the signatory states of the Convention to refuse the recognition of maternity by transcribing the act of civil status, indicating at the same time the possibility of the intended mother to resort to the adoption procedure, in order to be recognized from legally as the child's mother. In order to ensure a quick and effective result according to the best interest of the child in the matter of establishing parentage between the biological parent and the child born from a GPA carried out abroad: a) the decision-making process of the national authorities must be sufficiently focused on the best interest of the to the child and, for this purpose, devoid of excessive formalism, able to realize the interests of the child, independent of possible procedural defects; b) domestic jurisdictions must cooperate with the parties, indicating the solutions chosen by the system, independently of the requests of the interested parties.

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