Paradiso and Campanelli v Italy [2017]

Key Points:

• Background: A couple, Paradiso and Campanelli, arranged for a surrogate mother to carry their child. However, Italian law does not recognise surrogacy or grant legal status to surrogate mothers as family members.

• Legal Challenge: The couple faced legal obstacles in Italy due to the lack of legal recognition for surrogacy. The authorities refused to recognise the surrogate mother as part of the family.

• Outcome: The European Court of Human Rights (ECtHR) ruled that Italy's refusal to recognise the surrogacy arrangement did not violate the European Convention on Human Rights. The Court emphasised that Italian authorities acted within their rights, given the lack of a European consensus on surrogacy.

Impact and Analysis:

• Legal Implications: The case highlights the challenges faced in countries where surrogacy is not legally recognised and underscores the complex relationship between national laws and human rights in family matters.

• Human Rights Considerations: The ruling reflects the limited ability of the European Convention on Human Rights to compel recognition of surrogacy arrangements, emphasising the deference given to national laws on such sensitive issues.