Court name: Constitutional Court of Austria (Verfassungsgerichtshof)
Date of decision:
Legal instruments: European Convention on Human Rights (ECHR)
Key aspects: Acquisition of nationality, Birth registration, Burden of proof, Childhood statelessness, Determination/confirmation of nationality, LGBTIQ families, Respect for private and family life, Standard of proof, Surrogacy & reproductive technology
The applicants are children born presumably in a surrogacy arrangement in Ukraine to two Austrian nationals. Even though the custody of the commissioning parents over the applicants was confirmed under the Austrian law, their parentage and consequently the Austrian nationality of the applicants was initially denied. The Court considered that the best interests of the child prevail in such a case over the prohibition of surrogacy under Austrian law, and confirmed the applicants' right to Austrian nationality.