Surrogacy and missing transcription of foreign birth certificate. Parent-child relationship, biological parenthood and intended parenthood. Need for an effective and rapid recognition of biological filiation. Violation of Article 8 ECHR.
Art. 8 ECHR
(1) The absence of the recognition of the filiation relationship between the child born through surrogacy and the intended parent falls within the margin of appreciation of the State. However, the total absence of recognition of such a relationship is to be considered disproportionate (in the case of surrogacy, the Italian legal system provides for the adoption in particular cases).
(2) The absence of recognition of the filiation relationship between the child born through surrogacy and the biological parent is excluded from the State's margin of appreciation and violates Article 8 ECHR.
(3) The child's superior best interest in establishing biological parentage with certainty must be protected through a rapid, effective procedure and free of excessive formalities.
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