Gestazione per altri, relazioni tra ordinamenti e ragionevolezza: il diritto penale italiano come misura del mondo

The approval of Law No. 169 of November 4, 2024, which criminalizes surrogacy carried out abroad by Italian citizens, represents a significant development in the ongoing debate over surrogacy in Italy. However, the law’s numerous problematic aspects extend beyond its compatibility with the principles guiding criminal policy and the exceptions to the principle of territoriality. It also raises important questions regarding constitutional legitimacy, as well as concerns about the protection of individuals born through surrogacy. From a comparative legal perspective, the criminalization of surrogacy abroad presents critical issues related to the inconsistency with the diverse range of regulatory frameworks and surrogacy practices worldwide. This article therefore aims to reflect on the law’s justification, particularly considering its impact on reproductive autonomy, touching upon the most personal aspects of individual dignity and the exercise of fundamental rights.