La filiazione per consenso nella procreazione medicalmente assistita

The essay examines the transition, marked by Constitutional Court judgment no. 68/2025, from a sys-tem centred on adoption in special cases as the sole legal basis for establishing filiation between a child born in Italy following heterologous medically assisted reproduction performed abroad and the intended mother, to a model based on the automatic establishment of the status filiationis by virtue of the consent originally given to the use of such techniques. The departure from prior constitutional precedents is driven by the child-centred rationale permeating Articles 2, 3 and 30 of the Constitution, which has found full application in both trial-court and Court of Cassation case law. In conclusion, the essay problematically addresses the position of children born through surrogacy, in light of the interlocutory order of 12 March 2026, which proposes referring to the Joint Sections the question whether the legislative model governing judicial authorisation for recognition in cases of filiation between blood relatives may be extended by way of interpretation