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10 April 2019 In cases of 'third party' gestation, States must legally recognize, in the name of the child's interest, the parent-child bond with the intended (non-biological) mother indicated as the 'legal mother' in the birth certificates of other countries. To do this, States can use the adoption procedure. This is the opinion published today by the Court of Strasbourg at the request of the French Court of Cassation.



In the opinion, the Court says that the lack of legal recognition of a link between the minor born abroad from gestation for others and the intentional, therefore non-biological mother, has a negative impact on several aspects of the right to respect for the minor's private life. . While the Court recognizes that other considerations may adversely affect this recognition, at the same time it notes that the best interests of the child also requires the legal identification of the persons responsible for their growth and well-being.



The Court therefore considers that the general and absolute impossibility of legally recognizing the link between the child and the intentional mother is incompatible with the protection of the best interests of the child. However, the togates point out that this does not require the state to recognize the intended mother as the parent on the birth certificate. States, says the Court, can adopt other solutions, such as adoption.



This is the first time that the Strasbourg Court has used the opinion procedure. This new possibility allows the Court to answer questions posed by national courts of last resort on concrete cases on which they are deciding.



In this case the opinion was requested by the French Court of Cassation and concerns the case of two children born in California through gestation for others and for which the French State had already recognized the link with the biological father. The opinion of the Strasbourg Court is not binding on the state, but provides the interpretation on the application of the European Convention on Human Rights to a concrete case. In the specific case, the opinion was unanimously adopted by 17 judges who made up the specially constituted Grand Chamber.



Melons: "Abominable decision"


 “Abominable is the decision of the European Court of Human Rights which would like to impose on States that adhere to the Council of Europe (including Italy) the legalization of rented wombs and gay adoptions.

For Brothers of Italy surrogacy remains an inhuman form of slavery and will never be a conquest of civilization.

FdI will continue to fight to make the uterus for rent a universal crime and for an international moratorium that prohibits this practice ".

This is what the president of Fratelli d'Italia, Giorgia Meloni, declares.