Maternidad subrogada en Italia y en España: consideraciones para un análisis comparativo. Surrogacy in Italy and Spain: considerations for a comparative analysis.

This article provides a comparative analysis of the legal and judicial approaches to surrogacy in Italy and Spain. Despite the express prohibition of surrogacy in both legal systems, the study focuses on the complex issue of recognizing and protecting the parent-child relationship once the child has been born. Through an examination of legislation, case law, and constitutional principles, the article highlights how each country seeks to reconcile the ban on surrogacy with the imperative to safeguard the best interests of the child. In particular, it explores how courts and legislators consider adoption as an alternative remedy to the recognition of foreign birth certificates resulting from surrogacy arrangements. However, the adoption process does not always ensure a prompt and effective protection of the child’s rights and family life, raising concerns about its adequacy in serving the child's immediate needs and legal certainty.