With increasingly frequent judicial decisions concerning surrogacy arrangements in several countries, a reappraisal of the role of general principles of private international law is required. In these cases, in particular, the public policy (or order) exception, meant to protect the founding values of the domestic legal order concerned, needs to be read in light of the best interests of the child. The Italian case law is particularly illustrative in this regard and is thoroughly analysed in this paper.

International surrogacy arrangements test the public policy exception: an Italian perspective

Baruffi, Maria Caterina
2018

Abstract

With increasingly frequent judicial decisions concerning surrogacy arrangements in several countries, a reappraisal of the role of general principles of private international law is required. In these cases, in particular, the public policy (or order) exception, meant to protect the founding values of the domestic legal order concerned, needs to be read in light of the best interests of the child. The Italian case law is particularly illustrative in this regard and is thoroughly analysed in this paper.
International surrogacy arrangements, public policy exception, best interests of the child, Italian case law, European Court of Human Rights case law
File in questo prodotto:
Non ci sono file associati a questo prodotto.

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11562/983603
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
social impact