La riproduzione assistita per le coppie omoaffettive e le donne singole nel giudizio della Corte Costituzionale

Abstract

The essay examines constitutional case law concerning medically assisted reproduction, with particular regard to restrictions on access for same-sex couples and single women. From judgment no. 162/2014 to decisions no. 221/2019 and no. 69/2025, the Constitutional Court has outlined the boundaries of reproductive self-determination, excluding its recognition as an absolute right and reaffirming the legislator’s wide margin of discretion. In this perspective, the distinction between pathological and physiological infertility is central, even though the emergence of a model of single-parent filiation, now accepted by the italian legal system, calls for a reassessment of the systematic consistency of the reasons still underlying the prohibition enshrined in Article 5 of Law No. 40/2004.