Maternità surrogata e adozione in casi particolari: il doppio “non liquet” della Consulta

Di Nicola Chiricallo -

This article aims to analyse the decision n. 33 of Italian Costitutional Court. In particular, it disputes the section of the costitutional decision in which is affirmed that adoption in special cases cannot be considered an adequate means of protection for child born through surrogacy. First, this article will highlight that, this statement assumes a kind of downgrade between filiation and adoption. Then it will demonstrate that if, as the Court affirms, adoption in special cases constitutes a form of discrimination, especially according to the restrictive interpretation of the art. 74 c.c., it discriminates all adoptees, not only the ones born through surrogacy. Eventually, this text will conclude that the Court, reasoning in a general prospective, could have taken a position about the interpretation of art. 74 c.c. or, at least, it could have set out to the lawmaker the benchmarks for a reform of the Italian adoption law.