Alcune note intorno all'estensione, alla fonte e alla ratio del divieto di maternità surrogata in Italia

Niccolai, Silvia

2017-01-01

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Abstract

The prohibition of GPA in Italy is not absolute, it is not discriminatory, and it is not the cause of procreative tourism. Last but not least, it is not established by the legislation on PMA, but by the Mater Semper Certa principle. This latter says that every new born holds at least one relationship, with her mother, and that this relationship it is not at the disposal of anyone, unless interests of the same degree are at stake, as the life or health of the mother or child. Why? Because otherwise, every new little life would be exposed to the will of the adults, to the will of those who have power, while she has not. Mater Semper Certa is not about women or children only: it is about the entitlement of every human being to be considered a subject, endowed with identity and relationships, from the very moment she comes to the world.