The Croatian Constitutional Court has controversially supported a couple's request to register a child born via surrogacy in Ukraine, leading to a contentious decision by the Administrative Court that includes a non-biological mother.
The Croatian Constitutional Court has recently endorsed a couple’s request for the registration of a child born through surrogacy in war-torn Ukraine, suggesting the Administrative Court comply with this decision. The Administrative Court’s provisional ruling, disclosed on February 13, 2026, stated that the man who arranged for the child would be officially recognized as the biological father; however, it controversially mandated the inclusion of his wife as the mother, despite her not being the biological parent.
This decision has sparked outrage, as critics argue that it circumvents existing Croatian laws against child trafficking and surrogacy, raising serious ethical and legal concerns. One of the most troubling aspects highlighted is that the ruling appears to contradict the Ministry of Justice that adheres to laws prohibiting the purchase of children. Given the gravity of these implications, there is speculation about whether the Ministry of Justice, Administration, and Digital Transformation will appeal against the Administrative Court's ruling.
The Constitutional Court’s activist stance in this case, which many view as a bypassing of legislative authority, has sparked debates about the interpretation of family rights in Croatia and the ongoing jurisdictional changes in response to international surrogacy practices. This case may set a precedent with significant repercussions for family law and surrogacy regulations in Croatia, prompting discussions about the balance between legislative frameworks and judicial interpretations in such sensitive matters.
