L’inviolabilità dello status e la filiazione dei nati all’estero da gestazione per altri

Di Federico Azzarri -

The present essay draws from the ordinance 8325/2020 of the First Chamber of the Italian Supreme Court, which submitted to the Constitutional Court the issue of the constitutional legitimacy concerning the solution to the matter of the status of the children born abroad through surrogacy given by the United Chambers of the Italian Supreme Court. According to the United Chambers, a foreign court decision that declares the parental status of the intended parent (i.e. the partner of the biological father) cannot be recognized in Italy due to its contrast with the public order. This article criticizes this interpretation of the concept of public order and underlines how the refusal of the Italian legal system to recognize the filiation ties constituted by the foreign law (also towards the non-biological parent) involves a significant and unreasonable prejudice to the child’s inviolable right to maintain his legitimately acquired status.