Post-Mortem Homologous Fertilization:
Parental Patterns in the Dialectical Comparison Between the Constraints of Biology and Rules on Consent

by Alessandra Cordiano

Starting from a judgment by the Italian Supreme Court (Corte di Cassazione), the present work seeks to analyse the multifaceted and intricate system of assisted reproduction and new parenting models within the framework of Italian law; the Italian Civil Code is structurally unfit to regulate these contemporary phenomena. The rules on biological parenthood (largely found in the Civil Code) and social parenthood (for which some principles are enshrined in legge 19 February 2004 no 40) have a complex relationship, requiring fair balance in the protection of the interests involved, including those of minors. After outlining the regulatory system of social parenting, this study also attempts to tackle tomorrow’s challenges, including some critical issues which are likely to emerge.

DOI 10.23815/2421-2156.ITALJ           ISSN 2421-2156

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