Il dialogo tra Corti e i suoi effetti in tema di gestazione per altri e best interests of the child

The dialogue among Courts and its impact on surrogacy and the best interests of the child

Abstract

The dialogue among Courts and its impact on surrogacy and the best interests of the child – The essay aims at analysing surrogacy in the light of the dialogue among courts, in particular between national courts and the ECtHR. The topic raises relevant issues in relation to reproductive rights and the best interests of the child. More specifically, the essay analyses the ECtHR’s and the Italian case law on the topic, with a view to evaluate the relationship between legislative power and judicial control, as well as the impact of the “bioethical dialogue among Courts” on national systems, in terms of at least attenuating the absoluteness of the surrogacy ban.

Keywords: Best interests of the child; Case law; Dignity; ECtHR; Surrogacy.