The Protection of the Status Filiationis in the Event of Surrogate Motherhood (Abstract)

Surrogate motherhood is an issue widely debated in jurisprudence, from a variety of standpoints: moral, philosophical, ethical, sociological, and juridical. In fact, surrogacy calls into question the role of women and the meaning of motherhood – which is to say the original bond between the person coming into the world, and the person bringing someone into the world. Juridically, this phenomenon touches on various values and interests, all worthy of protection: above all, the interest of the child conceived through surrogacy in knowing his or her origins, but also in being accepted within society with no conditioning connected to his or her birth, and to the fact that his or her abandonment had already been planned prior to conception. However, like all complex issues, given the multiple interests involved and its many implications, it is destined to continue prompting new reflections. It is therefore a subject that lawmakers have struggled or been slow to deal with, also because the possibilities for surrogacy that can take place differ greatly: consequently, doubts as to legitimacy would arise if a single juridical regime were adopted. These difficulties are heightened by the lack of regulation on an international level: it is clear that a total absence of rules raises additional complications when intended parents in a country that does not permit or that strongly limits surrogacy, in order to realize their parenthood plan, visit another country where surrogacy is allowed. The latest rulings by the European Court of Human Rights and by domestic courts show the diversity in balancing the best interests of the child with the other interests and values worthy of protection. This contribution aims to examine the current status of protection for the child born through surrogate motherhood, with the purpose of comprehending the necessary steps that have yet to be taken.