Genitorialità tra biologia e volontà. Tra fatto e diritto, essere e dover-essere.

The essay deals with the problem of the movement of the filial states, in particular of the possible recognition in Italy of relations established abroad with procedures and assumptions not allowed by the domestic legal order. After the identification of the principles governing the law of the filiation, ‘The author analyzes, in a critical sense, the recent jurisprudential judgments which have admitted the transposition into Italian law of births born abroad contrary to these principles. The reasoning is developed from the reconstruction of the concept of international public order and from the reconciliation to the aforementioned principles in order to find that the “parenting” relationships that are in conflict with the same are not attributable to the legal relationship of affiliation. However, recognizing the undoubted legal relevance of the significant, consolidated social parenting relationship, the study focuses on legal rights that the legal system offers to ensure the continuity and stability of the relationship.