Germany: Law court defies ECtHR on surrogacy

LeihmutterThe Oberlandesgericht (High Court) of Braunschweig has issued a decision according which a birth certificate issued in the US State of Colorado, which falsely indicates a German woman as the mother of twins born from a US American surrogate mother, must not be legally recognized in Germany.

What would have been normal until just a few years ago seems a remarkable achievement now, given that the European Court of Human Rights (ECtHR) had over the last years decided in a number of cases that Member States should “in the interest of the children concerned”  give legal effect to patently false claims of “parenthood” made by couples or individuals who in order to be “parents” have availed of the services of commercial surrogacy. With these decisions, the once respectable but now discredited Human Rights Court has effectively opened the door to the legalization of a new form of slave trade.

It is, however, likely, that the High Court’s decision will be challenged before the more activist Bundesgerichtshof, Germany’s supreme instance in matters pertaining to private law.