Surrogacy: how the law develops in response to social change
In its recent decision in Mennesson v. France (App no. 65192/11), the Fifth Section of the European Court of Human Rights in Strasbourg ruled that surrogate children—in this case, born in the US and having US citizenship—should not be prevented from registering as French citizens, as this would be a violation of their right to respect for their private life. The Strasbourg court’s view, which is very understandable, is that nationality is an important part of a person’s identity.