Surrogacy as a public order limit: is it compatible with the jurisprudence of the European Courts?

La maternità surrogata come limite di ordine pubblico: è compatibile con la giurisprudenza delle Corti europee?

Abstract

The essay analyzes some of the issues surrounding surrogacy. In particular, it aims to frame the compatibility of the crime of surrogacy, interpreted as a public order limit, with the protection of the best interests of the child. The existing instruments in Italy to recognize the filiation relationship in cases of surrogacy (i.e.: adoption in “special cases”) seem inadequate to guarantee sufficient protection for the child. Moreover, it aims to frame the compatibility of the proposed law to further broaden the scope of the crime of surrogacy that is being discussed in the Italian Parliament today.