The Prohibition of Surrogacy in the Italian Legal System: the Effectiveness in the Circulation of the status filiationis

This article explores the prohibition of surrogacy in the Italian legal system, particularly focusing on the effectiveness of this prohibition in the circulation of the status filiationis. The prohibition, established by Law 40 of 2004 and recently reinforced by Law 169 of 2024, aims to counteract «procreative tourism» by criminalizing surrogacy conducted abroad by Italian citizens. Despite these measures, the enforcement of such laws presents significant challenges, especially in balancing the protection of women’s and children’s rights with the recognition of parentage for children born through surrogacy abroad. Italian jurisprudence has grappled with these issues, often conflicting with international norms and the best interests of the child. Additionally, it examines the impact of European Union directives and recent legislative proposals aimed at harmonizing the recognition of filiation across member states.