ECtHR: Misguided Chamber Decision on Surrogacy referred to Grand Chamber

1338656400000The European Court of Human Rights has decided to refer the case Paradiso and Campanelli to a Grand Chamber of the Court, following the request of the Italian Government. In deciding to refer the case, the Court recognizes that the Chamber judgment is highly questionable and raises new and important questions of law. Indeed, the Chamber judgment of January 27th, whilst pretending to be oriented towards “the best interest of the child”, has in fact provided the absurd appearance of legitimacy to the production on demand and selling of children through sperm donation and surrogacy – in this case to a couple in which neither of the wannabe “parents” had any biological relationship to the child that was created at their behest. This will be the first case of surrogacy judged by a Grand Chamber, and its decision will have a very important impact on the further legislative development throughout Europe.