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Wednesday, January 28, 2015

European rights court rules against Italy in surrogacy case

Strasbourg, January 27 - The European Court of Human Rights on Tuesday ruled that Italy had not acted in the best interests of a nine-month-old child born from a surrogacy arrangement in Russia entered into by an Italian couple who was placed under guardianship in 2013 after it emerged that there was no biological relationship between them.

In their ruling the judges upheld the application of Donatina Paradiso and Giovanni Campanelli that the Italian state had acted in violation of Article 8 of the European Convention on Human Rights enshrining the right to respect for private and family life.

However, their conclusions did not oblige Italy to return the child to the applicants, as he was deemed to have undoubtedly developed emotional ties with the foster family with whom he had been living since 2013.

The court also ordered Italy to pay the applicants 20,000 euros in respect of non-pecuniary damage and 10,000 euros in respect of costs and expenses.


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