suggested citation: G. Rosanova, La maternità surrogata e la posizione del nato: il tentativo di un approccio evolutivo, lceonline (www.lceonline.eu), 3/2024, II/Rubriche.
key words: surrogacy, social parenthood, recognition, interest of the child, family life
abstract: The article proposes a coordinated reading between the discipline of heterologous fertilization and the ban on surrogate motherhood, highlighting the close link that still exists between the two practices. After having addressed the prohibition of substitution in maternity and the legal consequences, the three forms of surrogacy and the validity of the practice were outlined.The contribution of regulatory sources and international jurisprudence is significant which, in the name of protecting the child’s right to private life (best interest), has justified the protection of the status filiationis also towards social or intended parents. The risk of legitimizing a “new category of non-recognizable children” must necessarily be overcome, so in the writer’s opinion the most reasonable solution is to introduce a national regulation for the recognition of the status filiationis along the lines of the provisions of the art. 251 c.c.
