Maternità surrogata e distinzione tra vita privata e familiare nella decisione della Corte di Strasburgo. Interesse del minore e tutela della legalità

Di Alessandra Gatto -

The European Court of Human Rights has recently been facing a case of surrogacy characterized by the absence of a biological relationship between the intended parents and a child born after the practice of surrogacy. According to the Author, it is important to respect the right of the child to preserve his or her personal identity not only in relation to the biological relationship, but also to the right to maintain stable and lasting relationships with the people the child himself identifies as parental figures.

The child’s assessment of the quality of his/her relationships with his/her biological parents is arguably as important as the existence of an emotional relationship with the family he/she has lived with since birth; the control of the Court concerning the suitability of the family remains in any case a fundamental step both in the case of a genetic relationship between the child and the intended parents and in the case such a bond is missing.