Dal divieto alla regolamentazione “a contratto” della gestazione per altri. Ragioni normative a confronto

In this analysis I consider the question of surrogacy contracts, adopting a critical perspective in order to assess whether it is possible to legitimize surrogacy as a contractual right. The current scenario needs regulation beyond prohibition. The nor- mative claim regarding these contractual problems has not been properly addressed by current standard contracts. Here it is intended to consider how defensible is to sup- port some of the main normative reasons aiming at justifying, in contemporary bioeth- ical–legal debate, the prospect of a national system of pre–conception authorization of surrogacy agreements. I explore the various contractual problems of surrogacy con- tracts: the problem of unequal power of the contracting parties, the vulnerability of the contracting parties and the problem of autonomy of the surrogate mother. In con- clusion, I agree that surrogacy contracts should be carefully regulated under an administrative–legal mechanisms for accomplishing their legal and social recognition