ISSN 2532-3474 - Padova University Press

Surrogate Motherhood: Protecting the Best Interests of the Child in Light of Recent Case Law

TitleSurrogate Motherhood: Protecting the Best Interests of the Child in Light of Recent Case Law
Publication TypeJournal Article
Year of Publication2019
AuthorsPicchi, M.
Secondary TitlePeace Human Rights Governance
Volume3
Issue3
Start Page307
Pagination307-331
Date Published11/2019
PublisherPadova University Press
Place PublishedPadova, IT
ISSN Number2532-3474
Keywordsbest interests of the child, biological and genetic truth, intended parents, status filiationis, surrogate motherhood
Abstract

Surrogate motherhood is a highly debated issue, and one for which there is now considerable case law. However, adequate protection for the multiple interests at stake has yet to be offered, especially in those legal systems in which lawmakers have been slow in intervening, or dig in behind absolute prohibitions unable to stem the phenomenon of procreative tourism. This contribution reconstructs the position of the ECtHR and of Italy’s Constitutional Court and Court of Cassation in their most recent rulings, with the aim of understanding the diverse approaches taken to identify the best interests of the child.

KEEP INFORMED

 

Special Issue