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Surrogacy and the ECtHR: Reflections on Paradiso and Campanelli v Italy

Iliadou, Marianna

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Authors

Marianna Iliadou



Abstract

This case note analyses the recent judgment of the European Court of Human Rights in Paradiso and Campanelli v Italy and examines its implications for cross-border surrogacy in Europe. It is argued that this judgment is highly significant, because it sets new standards in terms of the concept of family life under Article 8 of the European Convention on Human Rights. This judgment, it is argued, only appears to bring a halt to the (seemingly) backdoor legitimacy of commercial surrogacy established by the findings of the Second Section and previous judgments of the Court. Finally, this case note critiques the Grand Chamber’s findings and examines its likely impact on the problem of cross-border surrogacy.

Citation

Iliadou, M. (2019). Surrogacy and the ECtHR: Reflections on Paradiso and Campanelli v Italy. Medical Law Review, 27(1), 144-154. https://doi.org/10.1093/medlaw/fwy002

Journal Article Type Article
Acceptance Date Jan 3, 2018
Online Publication Date Feb 21, 2018
Publication Date Feb 1, 2019
Deposit Date Feb 26, 2018
Publicly Available Date Mar 29, 2024
Journal Medical Law Review
Print ISSN 0967-0742
Electronic ISSN 1464-3790
Publisher Oxford University Press
Peer Reviewed Peer Reviewed
Volume 27
Issue 1
Pages 144-154
DOI https://doi.org/10.1093/medlaw/fwy002

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Accepted Journal Article (352 Kb)
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Copyright Statement
This is a pre-copyedited, author-produced version of an article accepted for publication in Medical Law Review following peer review. The version of record Iliadou, Marianna (2019). Surrogacy and the ECtHR: Reflections on Paradiso and Campanelli v Italy. Medical Law Review 27(1): 144–154 is available online at: https://doi.org/10.1093/medlaw/fwy002





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