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14 Right to Respect for Private and Family Life and Related Rights: Parental Status

James J. Fawcett, Máire Ní Shúilleabháin, Sangeeta Shah

From: Human Rights and Private International Law

James Fawcett, Máire Ní Shúilleabháin, Sangeeta Shah

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 06 July 2022

Subject(s):
Family law — Children — Marriage — EU Rules — Traditional rules — Judgments and orders

This chapter examines the treatment of parental status arising from adoption and surrogacy arrangements under English private international law rules and considers their compatibility with human rights law. The case law of the ECtHR suggests that there is a qualified obligation to recognise foreign adoptions under Article 8 ECHR. Indeed, both the ECtHR and English courts have found that Article 8 ECHR considerations support the accommodation of foreign parental status. The primary concern of the courts has been to ensure that the child’s right to establish his or her identity is respected. However, other human rights concerns regarding the desirability of international commercial surrogacy have not been addressed to any significant extent.

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