Maternità surrogata: tra inerzia legislativa ed incertezze giurisprudenziali

Surrogacy is gaining increasing space in the work of Italian jurisprudence. In particular, the problem of the recognition of the status filiationis (status of child) in the case of surrogate motherhood has returned to the centre of attention of the Courts, raising questions that are already familiar to the pre-trial debate and highlighting with increasing insistence the need for legislative intervention. Through the analysis of the most recent judgments of the Courts of Brescia, Milan and Padua, this paper seeks to highlight the ‘fragmentary’ nature that cha- racterises the jurisprudence of merit, which is split not only geographically – in the absence of a single legislative framework - but also on a purely legal, ethical and moral level.