Dialogo tra Corti europee e giudici nazionali in tema di maternità surrogata: verso un bilanciamento tra limite dell’ordine pubblico e superiore interesse del minore

This article deals with the dialogue between European and national courts on the recognition of the status filii acquired through surrogate motherhood, in order to ascertain its effects on the balance between the public policy exception and the best interest of the child. First, the paper examines the European Court of Human Rights case-law and its effects on Italian domestic courts, taking into account the most recent judgments of the Italian Supreme Courts. Then, it analyses the current EU Court of Justice case-law recognizing the parent-child relationship in the context of the exercise of the child’s rights under EU law. Finally, the article advocates the adoption of an international treaty or a EU Regulation addressing this sensitive issue, to uniformly enhance the protection of the rights of the child and strike a fair balance with the other paramount values opposing to surrogacy.