When it comes to surrogacy (also known as “womb for rent”), thousands of doubts and questions come to mind.
What does the Italian law say?
How does surrogacy work abroad?
Answering to these questions often requires an in-depth analysis of the Italian law, as well as of the foreign law and of other countries’ regulations.
Namely, in Italy, surrogacy is prohibited by Law 40/2004, article 12, paragraph 6.
It is therefore important to understand the effects and consequences of such choice.
I provide my clients with comprehensive legal advice on the Italian law, and focus on the comparative aspects of the matter and of international private law.
If you want to learn more about surrogacy, read the article below.
When undertaking a fertility journey, even abroad, to know the effects and consequences of this choice, it is crucial to contact a lawyer specialising in the legal aspects of Medically Assisted Procreation (and therefore also of surrogacy).
The lawyer needs to know the national and international aspects to analyse regulatory issues.
Legal advice from a lawyer also becomes essential if a mixed couple with dual citizenship (e.g. Italian-American, Italian-German, etc.) decides to begin a surrogacy journey abroad.
In this case, it is also advisable to consult a lawyer in the country where you have citizenship to find out how to deal with the legal implications in the two jurisdictions.
The term “assisted fertilization” or “medically assisted procreation” refers to medical techniques and procedures that help those who cannot procreate naturally due to sterility or infertility problems.
On the other hand, “surrogate or surrogacy pregnancy” consists of an agreement between a woman and a couple or a single person who cannot carry on a pregnancy naturally. As part of this process, assisted fertilization techniques are also used.
It is an agreement between a woman (the surrogate mother) who voluntarily choose to carry on the pregnancy on behalf of others, thus giving birth to the child, renouncing any parental right to the unborn child in favor of a single or a couple of intended parents who cannot procreate naturally and undertake to assume full custody and parental responsibility of the child from birth.
Surrogacy is legal in several European and non-European countries.
The countries where it is most widespread, however, are the United States, Canada, Ukraine and Greece, and intentional parents acquire parental responsibility for the child and are considered the legal parents.
As for the other aspects of the path, each country has its specific characteristics and laws.
There are three main aspects to consider if you decide to undertake this path abroad:
With a recent ruling, the Court of Cassation ruled on the current widespread interpretation in Italian case law in surrogacy and recognition of the status of the minor born abroad to a surrogate mother.
In particular, the current case law approach does not allow to recognition and declare enforceable, by contrast with public order, a provision issued by a foreign judge that ascertains the relationship of filiation between a minor born abroad from surrogacy and the intented non-biological parent and, consequently, his right to be recognized as such in the foreign birth certificate.
It will, therefore, be the task of the Constitutional Court to ascertain whether this interpretation conflicts with our Constitution and the European Convention on Human Rights.