Coppie sterili o infertili e coppie «same-sex». La genitorialità negata come problema giuridico

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Abstract

[automatically translated] The essay examines the question of the determination of parenting with regard to couples, although sterile or infertile, can not access to medically assisted procreation techniques allowed by Italian law and same-sex couples, to which such access is also precluded: in both cases they realize their intake in several jurisdictions where permitted are methods such as the replacement of maternity or in which it is permissible, for example, the so-called "second parent adoption». The relevant cases are scrutinized under different points of view (artifice and nature in the discipline of family relations and filiation, in particular, self-determination and fundamental human rights and possible balance between conflicting interests; multilevel protection of fundamental rights; plurality of legal systems and diversity of family models) highlighting the criticality of the internal system especially when confronted with ready solutions in other jurisdictions and with the principles established at the supranational level by the European Court of Human Rights. Parenthood is analyzed taking into account the relational dimension that it necessarily involves (even) from a legal point of view and the prominent position of the born, to which the legislature and the courts must ensure the effective implementation of its best interest in specific situation.
Original languageItalian
Pages (from-to)259-295
Number of pages37
JournalRIVISTA CRITICA DEL DIRITTO PRIVATO
Volume33
Publication statusPublished - 2015

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