La surrogazione di maternità come reato universale e alcuni obblighi internazionali dell'Italia

The surrogacy is a phenomenon that has been affirming in recent decades among infertile or same-sex couples to overcome the problem of childlessness. Despite the current social changes, which have favoured the formation of new types of families, foreshadow the need to provide for a more current legislation on the matter, to date two legislative proposals have been discussed and approved by the Justice Commission of the Italian Parliament. They aim at amending art. 12 of the law 40/2004 in order to punish the subrogation of maternity as a universal crime, therefore punishable even if committed abroad by an Italian citizen. This paper aims at analysing the proposal in the light of the ECHR and other international obligations burdening Italy.