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Surrogacy: How Confusing!  There is no common legislation to safeguard the rights of minors
 The European Court of Justice has ruled on a case of surrogacy, in the last month, disregarding the right of the Irish “renting” or “ordering” mother. In the similar case of an English woman, the decision was to recognize the right to maternity leave for pregnancy by subrogation, where there is no fee, in accordance with the EU laws and those of the United States on the matter. This case puts into the limelight what we have already shown ( “Then there are those who “produce” the child…!””, in Cultura/Vita, 16/09/2013). Despite the reassurance given by the commercial, health and legal agents in the field of surrogate pregnancies, no right to motherhood is assured with certainty, as has been evidenced by the ongoing study of a European Parliament committee which aims to standardize the rules in the Member States of the Union, with respect to the present the state of things. In fact, while on the legal level all States recognize the superior interests of the child, on the level of substantial justice they are not uniformly guaranteed, and hence the principle of legal certainty is diminished.
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