La nottola di Minerva. Osservazioni sui fondamenti etico-politici dei modelli regolatori della surrogazione di maternità tra teoria e ideologia

Abstract

This article examines the ideological foundations of different regulatory approaches to surrogate motherhood in Western legal systems. Through comparative analysis of American and European jurisprudence, it demonstrates how contrasting conceptions of human dignity manifest in concrete legal solutions, from contract enforcement to the recognition of foreign birth certificates. It argues that the choice between different regulatory models reflects deeper constitutional identities and conceptions of the relationship between market and fundamental rights. The analysis concludes by examining how these ideological foundations influence the application of public policy exception in private international law, highlighting the political dimension of proposed EU regulations on cross-border recognition of parentage.