Ineffectiveness of the filiation relationship between the intentional parent and the child born by surrogacy due to violation of public order in the Italian legal system

Abstract

Recognition in the Italian legal system of the effectiveness of the foreign judicial decision that has established the relationship of filiation between a minor born abroad through surrogacy and the intentional non-biological parent of Italian nationality, finds an obstacle in the prohibition of maternity subrogation provided for in art. 12.6 of law 40/2004, that the Italian Court of Cassation on United Sections has qualified as a principle of public order, prevailing over the interest of the minor. The Constitutional Court, considering the role played by the principle of the best interests of the minor, in order to preserve the filiation status legitimately acquired abroad, has recently moderated this position.