Assisted Reproduction and Legal Challenges in Europe

What is it about?

This contribution looks at how the European Court of Human Rights deals with cases about medically assisted reproduction, such as IVF (in vitro fertilisation) and surrogacy. It explains that States decide who can use these treatments and the court often allows countries to maintain restrictions on assisted reproduction, even if this means some families face challenges or unfair treatment. This can particularly affect families that do not fit traditional norms, who might find it harder to access fertility treatments depending on where they live. The article also explores how the court manages cases involving children born through surrogacy in another country. When one parent has a biological link to the child, the court usually provides stronger protection for these families. However, this has created new problems, such as unfairness based on gender or family type. The contribution argues that the court’s decisions sometimes unfairly favour biological connections, especially male genetic links, leading to inconsistencies. It suggests the court should take a clearer and stronger approach to make sure reproductive rights and fertility treatments are fair and equally accessible across Europe.

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Photo by Alicia Petresc on Unsplash

Photo by Alicia Petresc on Unsplash

Why is it important?

Medically assisted reproduction is a fast-evolving field, and the European Court of Human Rights plays a key role in shaping how people can access these technologies in Europe. As laws differ across countries, some families face unfair barriers, particularly those in need of methods like donation or surrogacy. This research shows how the Court has responded to these challenges and why clearer, more consistent rules are needed to protect all families equally in this evolving field.

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