8
MENNESSON v. FRANCE JUDGMENT
2014, indicating that the request “was still being processed in [his]
department pending a reply to the request for authentication sent to the
consulate of Los Angeles, California”.
...
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 8 OF THE CONVENTION
43. The applicants complained that, to the detriment of the children’s
best interests, they were unable to obtain recognition in France of the legal
parent-child relationship lawfully established abroad between the first two
applicants and the third and fourth applicants born abroad as the result of a
surrogacy agreement. They complained of a violation of the right to respect
for their private and family life guaranteed by Article 8 of the Convention as
follows:
“1. Everyone has the right to respect for his private and family life, his home and
his correspondence.
2. There shall be no interference by a public authority with the exercise of this right
except such as is in accordance with the law and is necessary in a democratic society
in the interests of national security, public safety or the economic well-being of the
country, for the prevention of disorder or crime, for the protection of health or morals,
or for the protection of the rights and freedoms of others.”
...
B. The merits
1. Whether there has been an interference
48. It is not in dispute between the parties that the refusal of the French
authorities to legally recognise the family tie between the applicants
amounts to an “interference” in their right to respect for their family life and
accordingly raises an issue with regard to the negative obligations of the
respondent State under Article 8 rather than their positive obligations.
49. The Court agrees, reiterating that this was its approach in, among
other cases, Wagner and J.M.W.L. (no. 76248/01, § 123, 28 June 2007) and
Negrepontis-Giannisis v. Greece (no. 56759/08, § 58, 3 May 2011), which
concerned the refusal of the Luxembourg and Greek courts respectively to
recognise legally an adoption that had been established in foreign
judgments. It specifies that, as in those cases, there has been an interference