Search

The essay examines the legal status of children born through surrogate motherhood in the light of the European Commission's Proposal for a Council Regulation on the recognition of parenthood in cross-border situations. In particular, the attention is focused on the remedies that can be used to ensure both the continuity of familiar relationships (also de facto ones) and the exercise of the related parental responsibility. The analysis of case law of the European Court of Human Rights shows that it is necessary to evaluate the best interest of the child 'rebus sic stantibus' and on the basis of the specific situations. In this sense, we propose the application of Art. 279 of the Italian Civil Code (and of the other rules which it refers to) to children born through surrogate motherhood and to minors under the Kafala system, as it ensures a flexible and effective protection in line with the recent Reform of the Italian Code of Civil Procedure. [ABSTRACT FROM AUTHOR]