Chapter 3 argues that intention-based parenthood has started to acquire relevance in donor insemination and foreign surrogacy case law. The Strasbourg Court has recognised the right of surrogate-born children to establish legal ties expeditiously with their non-genetic intended parent. The latter is an incidental beneficiary, as his/her own right to respect for the parental project/de facto care of the child is outweighed by public interests. However, intentional parenthood is parasitic on marriage to the child’s genetic parent, and hence vulnerable in case of relationship breakdown. The chapter further discusses the different approach to intentional parenthood in donor insemination cases: by contrast with cross-border surrogacy situations, the Court only requires measures safeguarding the de facto ties between children and their social parents (not parental status). Surrogacy cases where neither intended parents is related to the child do not attract an obligation to establish legal affiliation, insofar as the child’s identity is defined by genetic heritage.

Chapter 6 examines the allocation of parentage in cases of surrogacy. The chapter seeks to identify a way to regulate surrogacy that adheres to the best interests principle and balances the interests and needs of all stakeholders in the process. It is suggested that an intention-based model of surrogacy, which is facilitated through a pre-conception allocation of parentage, satisfies the requirements of the best interests principle.