Open Reflections Starting From the New Regulation on Surrogacy (Law No. 169/2024)

Abstract

Law No. 169/2024 converts Italy’s domestic prohibition on surrogacy into an extraterritorial offence, extending criminal liability to Italian citizens who resort to gestational surrogacy abroad. The provision constitutes a decisive passage against the economic exploitation of women in conditions of vulnerability and the commodification of the child. This paper analyses the profiles of the new discipline considering Articles 2, 3, 30 and 31 of the Italian Constitution, demonstrating its full compatibility with the protection of human dignity. Through a philosophical and bioethical examination of the most slippery issues it shows how the legislative choice strengthens a constitutional anthropology that places the person before the contract.