INTERCOUNTRY SURROGACY: AN ITALIAN AND UKRAINIAN ISSUE

Authors

  • Joëlle Long University of Turin

DOI:

https://doi.org/10.18372/2307-9061.42.11517

Keywords:

surrogacy, family life, best interest of the child principle

Abstract

The present analysis is based on a survey of Italian jurisprudence (period 1989-2016) that identifies sixteen cases arising from surrogacy arrangements undertaken by people living in Italy and highlights that nine of them involve Ukraine as country of origin. Since all Italian couples were acquitted in criminal proceeding, it is argued that the real sanction against surrogacy is the denial of civil effects in Italy. This paper will therefore focus on private international law and family law issues related to surrogacy and offer some reflections on the lights and shadows of the use of the principle of the best interest of the child to legitimate «procreative tourism». To conclude, I will advocate the need for a dialogue between the countries of origin and the receiving countries involved in surrogacy in order to define shared substantive and procedural guarantees.

Author Biography

Joëlle Long, University of Turin

Assistant Professor, lecturer in Family Law and coordinator of the Children’s Rights Law Clinic

References

Shenfield F. Mouzon de J., Pennings G., Ferraretti A. P., Nyboe Andersen, G., de Wert and Goossens V., “Cross border reproductive care in six European countries”, Hum. Reprod. (2010) 25 (6): 1361-1368.

Osservatorio sul turismo procreativo, “Turismo procreativo: la fuga continua, anche senza indicazione medica”, 2012, in http://www.osservatorioturismoprocreativo.it/

Published

2017-03-30

How to Cite

Long, J. (2017). INTERCOUNTRY SURROGACY: AN ITALIAN AND UKRAINIAN ISSUE. Scientific Works of National Aviation University. Series: Law Journal "Air and Space Law", 1(42), 98–102. https://doi.org/10.18372/2307-9061.42.11517

Issue

Section

CIVIL LAW