L’illegittimità della surrogazione di maternità come reato universale: alcune riflessioni Queer

The aim of the article is to analyze the pursuit of Italian Parliament to rule the surrogacy as universal crime with the lens of Queer Legal Theory. In particularly, the author develops the discussion taking into consideration Queer Legal Theory as Derridian deconstruction. Since deconstruction is not ethical-political-juridical destruction, how surrogacy could be re-constructed as ethical? The paper suggests that the law that makes surrogacy as universal crime, first of all, hinders the pursuit of minor’s best interest.