Judgment concerning France

Main hearing room of the Human Rights building

In the case of Baret and Caballero v. France, the Court held that there had been no violation of the right to respect for private and family life.

The cases concerned the prohibition on exporting the sperm of the first applicant’s deceased husband and the embryos created by the second applicant with her deceased husband to Spain, a country where posthumous conception was permitted.

The Court held that the domestic authorities had struck a fair balance between the competing interests at stake, that the respondent State had acted within its discretion, and that there had therefore been no violation of the Convention.

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