La surrogazione di maternità tra principi costituzionali ed interesse del minore

Translated title of the contribution: [Autom. eng. transl.] The surrogacy of motherhood between constitutional principles and the interest of the minor

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] The article, starting from the comment on the decision of the Cassation n. 24001/2014, reopens the debate on the surrogacy of maternity, which converges around the two profiles of the foundation of a largely majority prohibition in Europe and the status to be attributed to the born following the use of this technique. Regarding the first aspect, the author, while sharing the conclusion of the opposition of the practice to the international public order, reached by the Supreme Court, believes that it must be reached through a more complex argumentative path, which leads to wonder if the prohibition of the technique it really justifies itself by reason of the dogma for which mother is the one who gives birth or if they do not contribute to found it other and prominent principles. With respect to the second profile, the answer to the question about the status of the born must be found precisely in the rule that the mother is the one who gave birth to the born, as the most suitable to sanction the prohibition, without excluding that ordering - before situations in which the emotional bond of the child with the "clients" has been consolidated over time - can open de iure by leading to different solutions, in the light of a notion of interest of the minor to be submitted to a rigorous control of consistency with the other principles order.
Translated title of the contribution[Autom. eng. transl.] The surrogacy of motherhood between constitutional principles and the interest of the minor
Original languageItalian
Pages (from-to)474-488
Number of pages15
JournalIL CORRIERE GIURIDICO
VolumeXXXII
Publication statusPublished - 2015

Keywords

  • maternità
  • motherhood
  • surrogacy
  • surrogazione

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