The First Czech Case of Full Recognition of Same-Sex Parenthood Established through Surrogacy
by Nicole Štýbnarová
Question(s) at stake
Does refusal to recognize the legal relationship between two same-sex parents and their child, born through a surrogacy agreement outside of the Czech Republic, contradict the principle of the best interest of the child?
Outcome of the ruling
Where there is a pre-existing family life – established both de facto and legally – on the basis of a surrogacy agreement, it is inconsistent with the principle of the best interest of the child – enshrined in Article 3 of the Convention on the Rights of the Child (CRC) – to refuse recognition of a foreign court decision that establishes parenthood of a same-sex couple on the basis that their parenthood is impermissible under Czech law.
Country:
Official citation
Constitutional Court of the Czech Republic, Judgement of 29 June 2017, I. ÚS 3226/16 (I. ÚS 3226/16 ze dne 29. 6. 2017)
Topic(s)
Keywords:
Fatherhood Kinship and filiation Public order Situations created abroad Surrogate parenthood/motherhood
Tag(s):
Bibliographic information
Access case report
View case report in the CUREDI databaseAbout the authors
Nicole Štýbnarová (The Erik Castrén Institute of International Law and Human Rights, University of Helsinki)
