Surrogate pregnancy: ECHR's rejection goes only halfway

The European Court of Human Rights has rejected the appeal of a divorced lesbian couple who were denied recognition by Icelandic authorities as parents of a child born in the USA through surrogacy (neither of them is a biological mother). But the problem persists because the two women are treated as “de facto” parents and their homosexual union as a family. So, how will the "no" to surrogate motherhood hold up in court?