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

Author
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.

Picchi M. (2019) "Surrogate Motherhood: Protecting the Best Interests of the Child in Light of Recent Case Law " Peace Human Rights Governance, 3(3), 307-331. DOI: 10.14658/PUPJ-PHRG-2019-3-2  
Year of Publication
2019
Journal
Peace Human Rights Governance
Volume
3
Issue Number
3
Start Page
307
Last Page
331
Date Published
11/2019
ISSN Number
2532-3474
Serial Article Number
2
DOI
10.14658/PUPJ-PHRG-2019-3-2
Issue
Section
Articles