Intended or new parenthood? The child’s best interest: Italy and the European Court of Human Rights

Abstract

AbstractThe article investigates domestic and supranational responses towards new forms of parenthood in the light of the child’s best interest. Examining the case law of the European Court of Human Rights and the Italian Courts on artificial reproductive technologies and surrogacy agreements, this article contends that the European Court of Human Rights did not abandon the ideal type of families based on biological bonds despite efforts to ensure the paramount relevance of children’s rights. Interlacing the Italian case and the European Court of Human Rights’ judgments against Italy, this article argues that persists a long way before the full recognition of forms of parenthood lacking genetic links, despite the willingness to safeguard the legal status of the child.