Maternità surrogata: nodi critici tra logica del dono e preminente interesse del minore

Camilla Chini

Abstract


This paper considers the commercial and altruistic nature of surrogacy in the light of the offence principle, analysing the legal interests protected by the Italian absolute prohibition of surrogacy, as laid down by the law on medically assisted procreation no. 40/2004. It starts by examining the exploitation of the surrogate mothers on the basis of the prohibition of financial gain provided for in Article 21 of the Oviedo Convention and it then deals with the position of the unborn, in order to investigate the consequences for it. The conclusion is a rebuttal of the logic of the gift: when adopting a child-prospective, all forms and arrangements of surrogacy are called into question.

Moreover, the Author argues for the need of an international regulation on the practice, which must take into account the best interest of the child as a third and external party in such conducts, without having to take second place to the intended parents’ reproductive destre.


Keywords


Surrogacy; Exploitation; Prohibition of financial gain; Offence principle; Best interest of the child

Full Text:

PDF (Italiano)


DOI: http://dx.doi.org/10.15168/2284-4503-136

Refbacks

  • There are currently no refbacks.


Creative Commons License
This work is licensed under a Creative Commons Attribution 3.0 License.

ISSN 2284-4503

Editor University of Trento

Registered by the Tribunal of Trento (act n. 6 11 April 2014)

Cookie Policy