Surrogacy research published in the International Journal of Children’s Rights

CHIP’s special advisers Professors David Smolin and Katarina Trimmings with Mia Dambach have just published an article on how the European Court of Human Rights Cross-Border Surrogacy Decisions Unintentionally Undermine the Child’s Right to Identity, the Prohibition of Child Sale and the Best Interests Principle. They argue that the European Court of Human Rights (ECtHR) has increasingly ruled on cross-border surrogacy cases, shaping legal parentage across jurisdictions. However, its approach has led to significant conflicts with international human rights standards, particularly the United Nations Convention on the Rights of the Child (CRC). This article critically examines the ECtHR’s jurisprudence, focusing on the child’s right to identity, the prohibition of child sale and the best interests principle. It highlights how the Court’s decisions – such as in K.K. and Others v. Denmark – have unintentionally undermined these rights by prioritising the recognition of intended parentage over broader human rights obligations. The article also analyses Ukraine’s role as a major surrogacy hub – often the subject of ECtHR case law – illustrating how its legal framework fails to align with international child protection standards. It argues for a harmonised interpretation of the European Convention on Human Rights (echr) with international human rights instruments to prevent legal inconsistencies that may erode child protection norms. A rights-based approach is essential to ensuring that surrogacy practices comply with fundamental child rights protections.

Source: https://brill.com/view/journals/chil/33/4/article-p777_002.xml