Stefano Agosta

Fleeing from bans: a reflection around the surrogacy ban in Italy

  • Abstract

Informations and abstract

Keywords: Motherhood; Public Order; Constitutional Values; Human Dignity.

The surrogacy ban established in Article 4, paragraph 6, law n. 40 of 2004 (regulation of medically assisted procreation) has triggered a significant increase of cases of surrogacies by Italian couples abroad. In light of this trend, the article aims at analyzing possible alternatives to the current absolute ban. Specifically, the article aims at investigating on the one hand the opportunity of introducing a derogation for the cases at hand, and on the other hand the opportunity of reconsidering the absoluteness of the ban as a whole. After an overview of the international, European and EU law legal framework in the field, the article explores constitutional values which are involved in this matter, taking into account recent constitutional case law. Finally, the article explores which scenarios may be open for future legislative reforms. In the author's view, any possible legislative reform should move from the indispensable conditions of the gratuitousness of surrogacy and the right to repent of the surrogate mother.

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