Surrogacy Today. A European Legal Overview

Surrogacy has always been a debated issue from a legal and bio-ethical point of view, because of the strong components coming into play when the issues of conception, gestation and birth of human life are addressed. Purely contractual aspects enter into contact with the deepest chords of the human soul, namely those of couples desiring to become parents. As maternal and paternal instincts are firmly rooted in humanity, so are, in the same way, the legal and social factors that regulate social life. This essay explores the troubled waters of surrogacy, with special reference to the Italian debate. The second part of the analysis focuses on policies aimed at recognizing a family status to children of same sex couples born through this practice, looking for a solution that offers them an adequate protection, with particular regard to their relationship with the so called «intending parent».