The essay describes the legal discipline of surrogacy in Italy in its evolution before and after the law n. 40 of 2004 on medically assisted procreation. In particular, it highlights the tension to which the prohibition of surrogacy is subjected in cases where Italian citizens go abroad where this practice is allowed and then return to Italy, claiming to transcribe the birth certificate obtained abroad. Thus there is a competition between legal systems that is played at the expense of the freedom of states to provide for autonomous rules regarding sensitive issues such as those concerning filiation.
Nicolussi, A., The ban on surrogate motherhood in Italy and the challenge of unlimited regulatory competition, in Piotr Mostowi, P. M. (ed.), Fundamental legal problems of surrogate motherhood. Global perspective, Elpil, Warsaw 2019: 291- 320 [http://hdl.handle.net/10807/141967]
The ban on surrogate motherhood in Italy and the challenge of unlimited regulatory competition
Nicolussi, Andrea
2019
Abstract
The essay describes the legal discipline of surrogacy in Italy in its evolution before and after the law n. 40 of 2004 on medically assisted procreation. In particular, it highlights the tension to which the prohibition of surrogacy is subjected in cases where Italian citizens go abroad where this practice is allowed and then return to Italy, claiming to transcribe the birth certificate obtained abroad. Thus there is a competition between legal systems that is played at the expense of the freedom of states to provide for autonomous rules regarding sensitive issues such as those concerning filiation.
I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
