The concept of “family” has expanded and no longer includes only married heterosexual couples. Within the different types of "family" that the law recognizes today, the personal identity of each member, and in particular of the children, is a value that must be safeguarded. Starting from this premise, the essay examines some questionable issues: in particular, one concerning the status and surname of children procreated by the decision of a homosexual couple with medically assisted procreation techniques (heterologous insemination or surrogacy) and the other discussing the right of these children to know their own biological origins (in other words: who was the gamete donor or who was the surrogate mother?), in analogy with the right to know the natural mother, recognized by jurisprudence to the adopted children.
Identità della persona e comunità familiare
Giovanna Savorani
2019-01-01
Abstract
The concept of “family” has expanded and no longer includes only married heterosexual couples. Within the different types of "family" that the law recognizes today, the personal identity of each member, and in particular of the children, is a value that must be safeguarded. Starting from this premise, the essay examines some questionable issues: in particular, one concerning the status and surname of children procreated by the decision of a homosexual couple with medically assisted procreation techniques (heterologous insemination or surrogacy) and the other discussing the right of these children to know their own biological origins (in other words: who was the gamete donor or who was the surrogate mother?), in analogy with the right to know the natural mother, recognized by jurisprudence to the adopted children.
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