Economics 3366A/B Study Guide - Quiz Guide: Prosecutor, Lex Fori, European Court Of Human Rights
24 Sep 2020
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Within defined period of time the intednign parents can make an application for the transfer of parentage: *often habitual or domicile requirements. Intended parents can become legal parents from birth: no domicile or habitual requirements, problems, intended parents often no aware that legal parentage acquired is not universally recognizes, some states these contracts are not enforceable. Echr surrogacy: menneson v france, labasse v france, both are 2 marrid couples. One couple went to minnesota, other to california. Minnesota court ordered that intended parents were the legal parents; not the surrogate. Also, birth certificate mentioned the intended parents without reference to surrogate. Menneson children entered into register of births in france. Public prosecutor claimed the registration should be annulled: french court: cour de cassation said: this annulment is not a breach of art. 8 + not against best interest of child. 8: margin of appreciation has been exceeded by france, breach of art.
