Towards an international consensus on cross-border surrogacy: the role of the European Court of Human Rights?

The article examines ways to address the problems of cross-border surrogacy, based on existing initiatives to create an international legal framework and the case law of the European Court of Human Rights (ECtHR). I will first outline the problems associated with cross-border surrogacy and describe efforts to overcome these problems by adopting an international treaty or universally accepted standards in this area. Then I turn my attention to the nature of the right to private and family life and the general conditions for balancing this right against various public interests.

Anonymous Gamete Donation: a Case for Balancing Under Article 8 ECHR.

Anonymous gamete donation creates a specific conflict between human rights and public interests under Article 8 of the ECHR. This was first assessed in the ECtHR's landmark decision in Gauvin-Fournis and Silliau v. France of 7 September 2023.