Il divieto di maternità surrogata osservato da una prospettiva costituzionale

Abstract

The essay tries to offer a constitutional view of the “surrogacy”. It would analyse the legal interests protected by the Italian absolute prohibition of surrogacy, as laid down by the law on medically assisted procreation no. 40/2004. It starts by explanation the two different perspectives to observe the prohibition laid down by the article 12, co. 6 of the law no. 40/2004. Especially, the paper considers the “ex post” perspective that is when intended parents apply for recognition of legal parentage. The paper analyses the most recent jurisprudence regarding “public order limit” and “the best interests of the child” to demonstrate the irrelevance about woman position. Moving from the Constitutional Court sentence no. 272/2017, the paper suggests to interpret the surrogacy prohibition in accordance with articles no. 2, 3 and 32 of Italian Constitution.