The protection of competing values ​​and interests in the policies of regulating motherhood for others in the United States and Europe
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Keywords

Opposite Rights
Assisted Fertilization
Gestational Surrogacy
Surrogate Mother
Best interest of the Child
Commodification

How to Cite

Giannelli, N. (2025). The protection of competing values ​​and interests in the policies of regulating motherhood for others in the United States and Europe. Studi Urbinati, A - Scienze Giuridiche, Politiche Ed Economiche, 91(75), 213–246. https://doi.org/10.14276/1825-1676.4525
Received 2024-03-27
Accepted 2025-03-20
Published 2025-03-24

Abstract

In 1985, with in vitro fertilization, the UK became the first country to regulate surrogacy rather than simply ban it. A comprehensive regulatory framework and a public authority were established. In many EU countries, the protection of women’s dignity has prevailed over the principle of protecting women’s self-determination, and a general ban on the practice of surrogacy has been introduced. National courts have found solutions to ensure the right of foreign-born children to a family. The European Court of Human Rights has supported this approach. Italy’s recent extension of its ban to foreign arrangements aims to prevent such cases. In the US, surrogacy laws recognize a right to parenthood and offer contractual guarantees, although access varies from state to state. Commercial surrogacy is banned, but private brokering and insurance are allowed in the name of free trade. In many states, homosexuals and single intentional parents are not allowed the same rights as other citizens.

https://doi.org/10.14276/1825-1676.4525
PDF (Italiano)
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Copyright (c) 2025 Nicola Giannelli