La nascita quale fattispecie a formazione progressiva

Di Matilde De Angelis -

The paper analyses the development of the family concept due to the disgregation of the traditional model. For the first time in Italian family law, case law plays a crucial role in the solution of litigations. In this scenario the parenthood is going to detach from the blood bond and the judge should balance, on one hand, the right to respect for private and family life and, on the other, the respect of public order. More specifically, the reported judgements try to solve the problem of the validity of an alien birth certificate that break the law n. 40/2004 and the prohibition of surrogacy motherhood. In this case, the procreative process is breaking up and several people take part in it. The institutional and regulatory framework should face with this new phenomenon offering a solution able to consider the different rights put at stake.