In Spain, the Bioethics Committee, a body advising the Ministry of Health, Social Affairs and Equality, has issued a report in which it calls for a world-wide prohibition of gestational surrogacy. The experts find that it is not sufficient to consider null and void all contracts on surrogacy, but call for a clear prohibition, including with extraterritorial effect. Only in this way, they say, can the phenomenon of “surrogacy tourism” to poor countries (such as Russia, Ukraine or India) be adequately addressed.
As we learn from the website of the ECLJ, the European Court of Human Rights (ECtHR) is going to hear another complaint that will offer it yet another welcome occasion to use misguided “anti-discrimination” arguments to push its sinister agenda of fabricating a “Right to a Child” for all and everyone, including those who by nature could never have one.
The case at hand is Charron and Merle-Montet v. France (Appl. N° 22612/15), in which two lesbian women, who are sodo-“married” under France’s controversial Loi Taubira, complain about the fact that legislation currently in force does not allow them to become “parents” through medically assisted procreation using the sperm of an anonymous “donor”. Continue reading
The 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. Continue reading
The European Parliament’s Conference of Presidents has rejected a proposal to prepare an INI report on surrogacy, thus turning down the baby-making industry’s newest attempt to “sanitize” the commercialization of wombs, semen, egg cells, and newborn children. Belgian surrogacy-entrepreneur De Sutter and his/her allies inside the EP are defeated once again.
Just four months after the defeat of the infamous “De Sutter Report” in the Council of Europe’s Parliamentary Assembly (PACE), and just two weeks after the ECtHR judgment in the case of Paradiso and Campanelli v. Italy, which confirmed that the fight against surrogacy and child trafficking are important policy objectives that justify even severe measures, a group of left-green-communist politicians are launching a new attempt to push for the legalization of surrogacy (and hence, child-trafficking). This time it takes the form of a non-legally-binding “initiative report” to be drafted by the European Parliament’s Committee on Legal Affairs (JURI), most possibly under the aegis of a socialist rapporteur. The EP’s Conference of Presidents will decide next week whether JURI will indeed be charge with drafting a report entitled “Cross border aspects regarding the legal status of children resulting from surrogacy procedures”. Continue reading
While yesterday’s ECtHR decision on the case of Paradiso and Campanelli v. Italy certainly is a positive development in that it corrects one (alas, only one of many!) of the Court’s most grotesque misjudgments of recent memory, it still is a weak decision: one gets the impression that the Court is simply trying to silently creep away from its grave responsibility for having accepted, or even promoted, the truly abominable practice of surrogacy, through which not only human gametes, but even full-grown human beings are turned into tradeable commodities. The Grand Chamber thus frames the matter in a way as if the all-decisive question were it were the “margin of discretion” that Italy and other countries enjoy in prohibiting surrogacy and enforcing such exhibition: and – surprise, surprise! – it has discovered that that margin is greater than the judges of the Second Chamber had believed it was.
Will this really suffice to restore the Court’s credibility, which among those who have a serious-minded outlook on human rights is below zero?
Even worse, there is still a number of judges in this wretched Court (six of them within the Grand Chamber that decided the case, and an unknown number outside it, who, if they had been part of that body, might have supported the views expressed in the dissenting opinion submitted by those six) who still think they can continue in the old way, i.e. pretending not to deal with the issue of surrogacy as such, but de facto supporting and promoting it.
But there also is a silver lining: four of the 11 judges who voted against finding a violation – De Gaetano, Pinto de Albuquerque, Wojtyczek and Dedov – have written a concurring opinion that is truly brilliant. Continue reading
One of the most appalling miscarriages of the European Court of Human Rights (ECtHR), a Chamber Judgment through which the Court’s Second Chamber would de facto have turned surrogacy and illegal child trafficking into a “human right” has fortunately been overturned: a Grand Chamber of the Court that has reviewed the case Paradiso and Campanelli v. Italy today found that – contrary to the Chamber’s assessment one year ago – the decision of Italian authorities to withdraw from the custody of an Italian couple a child that was not biologically related to either of them, but which they had bought from a Russian “reproduction clinic” for the price of 45.000 Euro, did not violate anyone’s “human rights”. Continue reading