Maternità surrogata e adozione
aggiornamento: 27 marzo 2020
Last updated on 27 March 2020 by the Italian Ministry of Justice
RULES ON SURROGACY AND ADOPTION, INCLUDING ADOPTION BY THE SECOND PARENT
Rules and requirements applicable to surrogacy
In Italy, the law prohibits surrogacy, which is punishable by between months and two years in prison and a fine of between EUR 600 000 and 1 million (Article 12(6) of Law 40/2004).
According to the Court of Cassation, the prohibition on surrogacy is a principle of public order, because it was put in place to protect fundamental values, such as the dignity of the pregnant woman and the institution of adoption. For this reason, the Court did not recognise as effective in Italy an overseas decision which found that there was a filial relationship between a child born abroad to a surrogate mother and the child’s non-biological parent with Italian citizenship.
However, the Supreme Court considered that it is possible to give importance to the filial relationship by means of other legal instruments, such as adoption in special cases, provided for in Article 44(1)(d) of Law No 184/1983.
Relevant legislation
- Law No40 of 19 February 2004 on medically assisted procreation
- Article 44(1)(d) of Law No 184/1983 governing adoption and fostering of minors
►Help us improve►Contact Assistance Services |
 |