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Abstract
This article describes the status quo in cross-border surrogacy cases, more specifically how national courts deal with the recognition of parenthood validly established abroad. As the recognition of motherhood is deemed to violate the national ordre public, the solutions so far, i.e. recognition of fatherhood and adoption, will be examined. Moreover, the arguments for an alleged ordre public-violation concerning motherhood will be presented. Finally, the question whether the European Human Right Convention has an impact on the interpretation of the best interest of the child will be answered.
European Journal of Law Reform |
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Article | To Recognize or Not to Recognize? That Is the Question!Motherhood in Cross-Border Surrogacy Cases |
Keywords | cross-border surrogacy, motherhood, private international law, ordre public, European Human Right Convention |
Authors | Stefanie Sucker PhD |
DOI | 10.5553/EJLR/138723702015017002004 |
Author's information |
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