La tutela del rapporto di filiazione in caso di maternità surrogata: arresti giurisprudenziali e prospettive

The prohibition on surrogate motherhood contemplated in our legal system is not accompa-nied by indications regarding the consequences on the status filiationis. This problem is accen-tuated by the phenomenon of procreative tourism and by the fact that decisions with a very different content can intervene in the various levels of judgment, with inevitable repercus-sions on the status of the minor. In recent years, the different courts of law have paid particu-lar attention to the issue, showing significant differences in appreciating the principle of the best interests of the child. This essay proposes a critical examination of the most recent judgments to assess whether there are any possible openings and whether the use of adoption in particular cases by the social parent without biological ties can be an appropriate tool.