The protection of surrogacy birth
Adoption in special cases since the 2019 United Sections and the purported universalization of the offense
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The paper analyzes the jurisprudential evolution, as of 2019, of the identification of the instruments of protection of the surrogacy birth with specific reference to the recognition of intentional parenthood, sketching the jurisprudence of legitimacy and merit issued during 2023 and 2024 (until February) that dealt with the point. In particular, its fluctuations between recognition of transcripts of foreign birth certificates and adoption in special cases are highlighted, with particular regard to the evolution of the latter institution in jurisprudential application including, by mentioning,...
The paper analyzes the jurisprudential evolution, as of 2019, of the identification of the instruments of protection of the surrogacy birth with specific reference to the recognition of intentional parenthood, sketching the jurisprudence of legitimacy and merit issued during 2023 and 2024 (until February) that dealt with the point. In particular, its fluctuations between recognition of transcripts of foreign birth certificates and adoption in special cases are highlighted, with particular regard to the evolution of the latter institution in jurisprudential application including, by mentioning, cases of p.m.a. births from homoaffective female couples. Finally, the proposed law on the universalization of the crime is critically analyzed with insights from a de jure condendo perspective about the necessity of a specific legislative intervention in this regard.
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