Nel best interest dei bambini e delle madri surrogate

Brunella Casalini


The aim of this article is to provide a short overview of some recent decisions of the EctHR regarding children born to surrogate mothers abroad. These decisions have to be celebrated as they recognize the best interest of the child. They seem to live the member states with few options to enforce their legislation against surrogate motherhood arrangements once a child is born. Things so standing, it is suggested that states should consider the possibility of legalizing surrogate motherhood to avoid being complicit with global and local inequalities.


Surrogate motherhood; Procreative Tourism; de Facto Family; the Best Interest of the Child; European Court of Human Rights

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