Favor veritatis e favor minoris nell’impugnazione del riconoscimento per difetto di veridicità

Di Susanna Sandulli -

In its decision no. 272/2017, the Constitutional Court dismissed the question of constitutionality regarding art. 263 of the Italian Civil code, in the part in which it does not foresee that the appeal of the recognition based on lack of truth can be granted only if corresponding to the child’s interest. Regardless of whether the use of surrogacy violates the law and damages the woman’s dignity, what has to be safeguarded is the best interest of the child. In this specific case, the latter has been fully protected, not only because it is coincident with the favor veritatis that also consists in the right to know one’s own genetic origin in order to create a truthful personal identity, but also because the removal of the minor has not been ordered and, thus, his/her right to the preservation and continuity of affection has been preserved.