Procreazione medicalmente assistita: il consenso alle tecniche di pma e la responsabilità genitoriale di single, conviventi e parti unite civilmente

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Abstract

The essay examines the topic of the aspiration to parenting of single persons and same-sex couples after the law n. 76/2016 on civil unions and cohabitation, and the formal recognition of parenthood acquired in fact by the same subjects and the related parental responsibility. Reconstructed the constitutional frame of reference, some inter- pretative solutions are proposed in order to hermeneutically overcome the irreconcilability of certain provisions of ordinary rank with the rules and the apical principles traced in a multilevel system of the sources. Once examined the provisions of the Civil Code and the special laws concerning the assumption of parenthood, their ratio and ordering mechanisms, the study comes to the conclusion that the relationship between the different regulatory plexuses should be declined not in terms of rule/exception nor of general law/special law, but of coexistence of sys- tems based on peculiar logics, not reducible to unitary synthesis.Finally, the study turns to the issue of parenting responsibility, highlighting the aporias of our system which, while declaiming respect for the fundamental rights of individuals and the safeguarding of children’s best interests, imposes limits and prohibitions on “non-typical” parenthood, thus widening the gap between fact and law in a sometimes bitter and unreasonable manner.
Lingua originaleItalian
pagine (da-a)85-100
Numero di pagine16
RivistaGENIUS
Stato di pubblicazionePublished - 2018

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