The Refusal to Recognise Parent-Child Biological and Legal Relationship in Surrogacy May Not Even Trigger Right to Private Life Protection

The European Court of Human Rights (ECtHR) recently and surprisingly dismissed as manifestly ill-founded an application by two children conceived by surrogacy. They claimed their right to private and family life had been breached as a result of Poland’s refusal to recognise the legal relationship with their Polish biological but engaged in same-sex relationship father.

In this Op-Ed I will examine the novel aspects of this decision and the issue raised by its motivation.