What makes a parent in surrogacy cases? Reflections on the Fjölnisdóttir et al. v. Iceland decision of the European Court of Human Rights

The present commentary analyses and discusses the Fjölnisdóttir et al. v. Iceland decision of European Court Human Rights (ECtHR) 18 May 2021. case concerned an Icelandic couple who had been recognised as legal parents a child born by surrogate mother in California. In contrast to most other surrogacy cases decided ECtHR, however, no biological link either intended parents. ECtHR thus found that ruling Supreme which rejected recognition parenthood under law not violated Art. 8 Convention on Rights, despite fact joint adoption was possible this case. argues overexaggerates importance link, creating injustices at expense concerned. conclusion, calls for more consistent holistic framework protect best interests prevent abuses transnational commercial surrogacy.