The European Court of Human Rights Condemns Italy in the Recent Case on Surrogate Mother

The recent judgment of the European Court of Human Rights of 27 January 2015 in the case Paradiso and Campanelli v. Italy concerns an Italian couple that entered into a surrogacy agreement with a Russian woman. The Italian juvenile Court ordered the child, born as a result of this agreement, to be removed from Paradiso and Campanelli. They have decided to lodge a claim with the European Court of Human Rights, alleging that Italy committed a breach of the right to respect for private and family life by removing the child from them. The ECHR has found that there was a family life relationship between the applicants and the child, and that Italy has breached Article 8 of the European Convention on Human Rights by removing the child from their care. However, the Court stated that its ruling does not mean that the child should be returned to Paradiso and Campanelli as it has already developed a bond with its foster parents.

The Court held that Italy must pay EUR 20,000 to the applicants in respect of non-pecuniary damage. The judgment of the ECHR is not final. The parties now have a 3 month’s period to request the Grand Chamber to re-examine the case.