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European Observer on fundamental right's respect

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Case Law - (28/11/2007)

Type: Judgment

Authority: National Courts Hight Court of justice-Family Division

Date: 11/28/2007

Subject: The decision of the High Court of Justice, Family Division, concerns the case of a woman who rented, by contract, her uterus to a married couple that couldn’t have children because of the wife’s sterility; she bound herself to be artificially inseminated with the husband’s sperm, to carry out the pregnancy in respect of established behaviours and to hand over the child to the couple, renouncing to any parental right. The High Court has stated that replaced maternity, in those cases in which neither of the two members of the couple is domiciled in the UK, even though it is not illegal, must be discouraged, in consideration of the fact that the couple, not being domiciled in the UK, will not be able to obtain a measure by the judicial authority that gives it the full parental authority, because of the prohibition coming from the Human Fertilization and Embryology Act 1990 (HFEA 1990).

Original language: English

Classification: Dignity - Art. 3 Physical and mental integrity

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Notices: .