The European Court of Human
Rights said in a ruling Tuesday that Italy had not breached the
rights of a couple after taking away a child born to a surrogate
mother in Russia with whom they had no biological ties.
The child was taken away from the couple after they returned
from Russia following DNA testing showed that neither the man or
the woman were its biological parent, even though a Russian
birth certificate put them as parents.
Tuesday's ruling overrides a previous decision made by the
Strasbourg court in January 2015.
"The Court considered that the contested measures had pursued
the legitimate aims of preventing disorder and protecting the
rights and freedoms of others," the ECHR said.
"On this last point, it regarded as legitimate the Italian
authorities' wish to reaffirm the State's exclusive competence
to recognise a legal parent-child relationship - and this solely
in the case of a biological tie or lawful adoption - with a view
to protecting children".
The child has been adopted by another family.
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