The best interest of children born through medically assisted procreation procedures as construed in 2021 Italian Constitutional Court rulings 32 and 33: doi: 10.7417/CT.2022.2390

Abstract

The authors have set out to briefly analyze the 2021 Constitutional Court rulings n.32 and 33, regarding the situation of children born in, or otherwise being raised by, same-sex couples. Such judgments address the problem by taking into account the fundamental principle of the child’s best interests. This article is meant to highlight the issues that may arise if such interests were to be translated into specific law provisions or safeguards for the children’s sake. Moreover, the authors aimed to focus on the valuable elements laid out in the Court rulings, while also highlighting the more critical and controversial elements therein.