Illiceità del ricorso a tecniche di PMA da parte di coppie dello stesso sesso e tutela del preminente interesse del minore: la sentenza n. 32/2021 della Corte costituzionale
Cecchini, Stefania
2021-01-01
Abstract
The contribution has as its object sentence n. 32/2021, with which the Constitutional Court has declared inadmissible the question of legitimacy concerning Articles 8 and 9 of Law n. 40/2004 and Article 250 of the Civil Code, challenged because they would not allow the child born from a project of heterologous PMA, practiced by a couple of the same sex, the attribution of the status of child recognized by the inten-ded mother who has given consent to the fertilization practice, where there are no conditions to proceed to adoption in special cases and the interest of the child is judicially established. The work reconstructs the main jurisprudential orientations on the subject, and then focuses attention on the most significant argomental passages of decision no. 32/2021, from which it is clear that the Court has so far given preference to decisions of inadmissibility with respect to the possibility of resolving issues involving the discre-tion of the legislator in procreative matters with judgments of acceptance. The work concludes by pointing out that, although the tenor of the argument so to speak unusual, the decision of the Constitutional Judge deserves to be shared as to ensure full recognition of the rights of the child would not be sufficient per se the mere modification of the subjective limits prescribed by art. 5 of law no. 40/2004, resulting instead necessary organic intervention of the legislature.File | Dimensione | Formato | |
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