A cross-border surrogacy arrangement : the ruling adopted by the grand chamber of the european court of human rights in “Paradiso & Campanelli”

Resumo

This paper comments “Paradiso & Campanelli v. Italy” ruling, adopted by the Grand Chamber of the European Court of Human Rights. The Court resolves issues regarding an international surrogacy arrangement which classifies under so-called “reproductive tourism”. Several issues are highlighted: the power of States to recognize or to deny legal effect to surrogacy arrangements, the situation of illegality that may be created by those who sign these contracts and the role of States under these circumstances, the existence or nonexistence of a family life, and the coexistence between private interests and public order. This paper summarizes the case and presents the Grand Chamber’s main arguments will be presented, highlighting the importance of this precedent.