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Surrogacy and Same-Sex Parenthood before the European Court of Human Rights: Reflections in Light of Cases against Switzerland (Elena Brodeala & Marie-Hélène Peter-Spiess)

This article analyses critically recent and potential developments in the surrogacy case law of the European Court of Human Rights (ECtHR) by looking particularly at the question of male same-sex parenthood in light of two pending cases against Switzerland. Starting from the previous case law of the ECtHR on surrogacy and the pending Swiss cases, the article reflects on three issues. The first is whether and how the principles developed in previous ECtHR cases as regards different-sex couples would also apply in the case of male samesex couples, which is the issue at stake in the Swiss cases. Second, the article reflects on the role of genetics, respectively biology, in adjudicating on the two cases at stake. Finally, the possible implications of these cases for Switzerland are also explored.