The paper offers a survey of the most recent institutional developments on surrogacy and their effects on the law of filiation. On the one hand the Italian Government’s refusal to register birth certificates originating in foreign states is patently incompatible with child protection. On the other hand, the Italian courts’ approach to surrogacy is highly questionable for several reasons: e.g., the imposition of an objective notion of dignity that infringes women’s self-determination, or the imposition of a monolithic family paradigm that undermines the legal certainty of the status filiationis. Ultimately, the issues raised by surrogacy require a countermajoritarian use of the “best interest of the child” principle, to ensure parental responsibility regardless of the procreation technique by means of which the child was born.
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