2 THE ITALIAN LAW JOURNAL NO. 2 (2016)

International Issues Regarding Surrogacy 

by Ismini Kriari and Alessia Valongo 

The global spread of surrogacy and the changes to the concept of family resulting from historical, social and cultural factors should lead lawmakers to address the issue of children born through this procedure. This should draw both on the most recent academic literature as well as an interdisciplinary perspective.
The purpose of this article is to propose solutions on an international level to the complex problems arising as a result of both the violation of Italian law and the differences between the court rulings adopted in relation to specific cases. In fact, the current prohibition on surrogacy gives rise to interpretative uncertainties and the principle of favor minoris risks being compromised whenever an Italian couple returns to Italy with a child born abroad of a surrogate mother
. 

 Read the full article