The ban on surrogate motherhood in Italy and the challenge of unlimited regulatory competition

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

The essay describes the legal discipline of surrogacy in Italy in its evolution before and after the law n. 40 of 2004 on medically assisted procreation. In particular, it highlights the tension to which the prohibition of surrogacy is subjected in cases where Italian citizens go abroad where this practice is allowed and then return to Italy, claiming to transcribe the birth certificate obtained abroad. Thus there is a competition between legal systems that is played at the expense of the freedom of states to provide for autonomous rules regarding sensitive issues such as those concerning filiation.
Original languageEnglish
Title of host publicationFundamental legal problems of surrogate motherhood. Global perspective
Pages291-320
Number of pages30
Publication statusPublished - 2019

Keywords

  • competition between legal systems
  • medically assisted reproduction
  • ordre public
  • regulatory competition
  • reproductive tourism
  • surrogacy
  • surrogate motherhood

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