La bilancia inceppata. La Corte costituzionale e la mancata tutela dei nati all’estero a seguito di gpa

This essay seeks to critically examine the decision of the Italian Constitutional Court n.33/2021. The decision concerns the status of those born abroad through surrogacy, a practice forbidden by the Italian law. First, I will describe the Italian law in force (§2); second, I will briefly examine the constitutional question (§3), and, then, I will critically analyse the decision of the Constitutional Court (§4). Finally, I will frame the previous criticisms in the more general theoretical framework, developed by Robert Alexy. I will argue that the decision at stake presents gaps and incoherencies, and it is not a good model of what a constitutional judgement should be.