Adriana Apostoli

Surrogacy and the Constitutional Court

  • Abstract

Informations and abstract

Keywords: medically assisted procreation; surrogacy; parenthood; women dignity; adoption.

After having reconstructed the legislative discipline concerning medically assisted procreation and above all the wide constitutional jurisprudence in the same matter and in the surrogacy, the Author reflects on the theme of parenthood (heterosexual and homosexual). In particular, she investigates the irreducible difference between MAP and surrogacy that is given by childbirth like the principle mater semper certa est. Then the Author questions the protection of the dignity of women, which must be vaguely understood from the pronunciations of the Constitutional Court. Finally, to pass the problem of surrogacy, the Author proposes the review of the institution of adoptions and, especially, the adoption in special cases; this formula would seem to be the best compromise to ensure the desire for parenthood for adults and a family for children without.

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