Law no 40/2004 on medically assisted conception was adopted to fill-in a gap in the Italian legal system, but its provisions had left the majority's expectations unfulfilled. The interaction between the Italian Constitutional Court and the European Court of Human Rights has made possible for judges to solve the problem of couples willing to have children notwithstanding their genetic disease, like in the case of the Judgment no 162/2014. Several aspects of private international law are involved in the legal reasoning of the court in this case, among which, probably, the one that the principle of the child’s best interest should have been read not like an exception to the ordre public clause but like a basic value of this clause, in view, among others, of the ECtHr case law.

Il diritto alla genitorialità nella sentenza della Corte Costituzionale che cancella il divieto di fecondazione eterologa: profili irrisolti e possibili soluzioni.

TONOLO, SARA
2014

Abstract

Law no 40/2004 on medically assisted conception was adopted to fill-in a gap in the Italian legal system, but its provisions had left the majority's expectations unfulfilled. The interaction between the Italian Constitutional Court and the European Court of Human Rights has made possible for judges to solve the problem of couples willing to have children notwithstanding their genetic disease, like in the case of the Judgment no 162/2014. Several aspects of private international law are involved in the legal reasoning of the court in this case, among which, probably, the one that the principle of the child’s best interest should have been read not like an exception to the ordre public clause but like a basic value of this clause, in view, among others, of the ECtHr case law.
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11368/2829626
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