The protection of the child born through medically assisted procreation in a global perspective

The paper aims to explore some of the issues that affect the procreative tourism originated by the heterogeneity of the regulations on ART. In fact, the prohibition of certain practices in some countries encourages couples to travel where they are allowed to realize their “dream of parenthood”. However, the problem concerns the possible recognition of parental relations between the child and the parents, which is not always considered possible. In particular, the existing prohibition of surrogacy prevents in some States (e.g., Italy) to recognize the parental relationship between the child and the “social parent” (who doesn’t have a genetic link with him/her). The critical issue concerns the circulation of the juridical status of the minor, who is subject to downgrading. The challenge is then to identify the best legal instruments that can solve this vulnerability of the minor’s protection, but at the same time can guarantee all the interests, first of all the dignity of the woman