EU Policies on Parenthood. The Case of Surrogacy

Tuesday, May 23, 2023 13:30 - Tuesday, May 23, 2023 15:00

EU Policies on Parenthood. The Case of Surrogacy

A proposal for a Council regulation on "Jurisdiction, Applicable Law, Recognition of Decisions and Acceptance of Authentic Instruments in Matters of Parenthood and on the Creation of a European Certificate of Parenthood" is currently being debated in the European Parliament. The aim of the initiative is to ensure that parenthood established in one EU country is recognized across the Union. This has implications also for surrogacy. This initiative will undoubtedly put pressure on the legal systems of Member States. Defining ‘parenthood’ is a sole national competence. Eventually, pressure will be put to have the broadest definition.

In 2021, the European Parliament stated that the “sexual exploitation for surrogacy and reproductive purposes […] is unacceptable and a violation of human dignity and human rights.” As a matter of fact, most EU Member States forbid this practice. Among them: Austria, Bulgaria, Croatia, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia, Spain and Sweden. Not only does the practice of surrogacy violate the fundamental rights and bodily integrity of women used as surrogate mothers, but also the rights of the child, who may, in this way, become a victim of human trafficking. While the European Commission’s proposal presents the child’s best interest as a pillar of its proposal, the inclusion of surrogacy as one of the areas addressed is against these very best interests.

The event will consist of two lectures mentioned below and reactions from MEPs or MPs, followed by a Q&A session.

- Olivia Sarton, Scientific Director - Juristes pour l'Enfance. “The practice of surrogacy seen from a human dignity standpoint"

- Dr. Adina Portaru, Senior Counsel, Europe – ADF International. “Legal implications of surrogacy agreements”

The event can be followed online here.

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