Strasbourg Court decision on UK Surrogacy Law

In: News Published: Thursday 23 June 2022


The European Court of Human Rights this morning published its decision in H v UK, a case concerning the Article 8 ECHR (private life, right to identity) rights of a 6 year-old girl, born through a surrogacy arrangement, to have her biological father registered on her birth certificate.

Dr S Chelvan (Head of Immigration and Public Law), Deborah Seitler (Head of Family Team), and Haydee Dijkstal (Deputy Head of International Law) were instructed by Colin Rogerson, Partner at BLM Law.

Dr Chelvan, said in response to today’s decision:

“Clearly disappointed with the result for H, who will now have to live with a birth certificate inaccurately recording who her actual father is. Ironically, this decision places clear weight and importance on the sovereignty of the UK Parliament by the Strasbourg Court - a position clearly in conflict with this government’s drive to push through the Bill of Rights.”

Colin Rogerson, Partner at BLM Law, solicitor for the child commented:

“Although we are very disappointed with this outcome, the Court has highlighted the issues that will need to be grappled by the Law Commission with its report.

The Strasbourg Court in this decision has been very clear that it is left to the UK Parliament to make its own laws and policies in relation to surrogacy and parentage.  I very much hope the Law Commissions that is currently reviewing making recommendations for surrogacy law reform will place the right to a child to their identity as a key issue to be protected.”

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