Mennesson v France Read at its narrowest, the judgment requires states to guarantee that they can register the births of children born abroad through surrogacy arrangements organised by those states’ citizens; and it leaves those states a broad margin of appreciation for how to do so, including the possibility of allowing the intended mother or father to adopt the child. The judgment should be read more broadly, as requiring states to guarantee that the birth of any child connected to a state has their birth registered by that state. This includes any child born in the territory of the state, as well as children born abroad whose intended parents are citizens. This will require states to show flexibility that is often lacking, and put in place laws, regulations and policies that ensure that children do not suffer because of the situation in which they were born. 349