This note to judgement examines in a critical way the provisory measure issued by the Court of Rome (August 8th, 2014) on a case of mistaken embryos, occurred while two couples were undergoing homologous in vitro fertilization. While the Court assumes that under the laws in force the woman who gave birth to the twins is entitled to be recognized as the mother, the A. holds that in this case the legal system shows a regulatory gap, to be filled through a general principle. Having argued the impossibility of proving that the criterion of childbirth prevails over the genetic one, and vice versa, in order to identify motherhood, the author consequently proposes to solve the case by granting the status of legal mother at the same time to the woman who gave birth to the children and to the one to whom the genetic contribution refers.
|Translated title of the contribution||[Autom. eng. transl.] The exchange of embryos and the dilemma of divided motherhood|
|Number of pages||38|
|Journal||DIRITTO DELLE SUCCESSIONI E DELLA FAMIGLIA|
|Publication status||Published - 2015|