Submission for European Commission Proposal 2022 695 on Enhancing Child Protection: Private International Law on Filiation

Surrogacy continues to be used as a method of family formation around the world. Children born through surrogacy have the same rights as all children under the United Nations Convention on the Rights of the Child (UN CRC) and the  Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (OPSC). However, because of the way that the practice of surrogacy has evolved, the fundamental rights of these children are at risk, especially in international arrangements.

To continue its support to States and other bodies to respond to surrogacy in a way that fully respect all rights of children, Child Identity Protection (CHIP) with its special advisors has drafted two documents – firstly, a briefing note related to Priority Issues Relating to Children’s Rights Protection in 2023 and secondly, a legal memorandum in response to the latest decision of the ECtHR in cross-border surrogacy arrangements: K.K. and others v. Denmark. The European Court of Human Rights (ECtHR) has increasingly ruled on cross-border surrogacy cases, shaping legal parentage across jurisdictions and is influencing EU practices. However, its approach has led to significant conflicts with international human rights standards, particularly the United Nations Convention on the Rights of the Child (UNCRC).

It is in the context of these two documents that CHIP has the honour of providing additional input to the EC Proposal 2022 695 on Enhancing Child Protection: Private International Law on Filiation as an observer. CHIP supports the openness and willingness of the ELI to consider a broad range of opinions. While CHIP welcomes the amendments in the latest version particularly with respect to preserving the child’s right to identity, we have concerns that the Proposal could inadvertently undermine the Rights of the Child.

See submission.