European Journal of Law Reform

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
Author's information

242122 Stefanie Sucker PhD
The author is currently writing a (German) PhD on the topic of cross-border surrogacy. She analyses private international and procedural law questions of German, Dutch, French and Austrian law. Thus, reference as examples will be made to these legal systems.
  • 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.

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