Surrogacy, dignity and the resulting new families: a comparative analysis

Abstract

This contribution highlights some problematic aspects of Law 40/2004 in Italy, which regulates the use of medically assisted procreation techniques, with a particular focus on surrogacy, a practice particularly criminalized. The prohibition and criminalization of surrogacy create a vacuum of protection in the legal system, resulting in the invisibilization of respective families. Addressing these challenges, the article delves into regulatory strategies concerning surrogacy in California and the United Kingdom. The analysis aims to shed light on pivotal aspects of these legal systems, not only highlighting their positive elements but also addressing potential issues. Ultimately, this study endeavors to provide constructive suggestions for the regulation of surrogacy in Italy, drawing insights from the diverse approaches observed in California and the UK.