The court of Cassation waltz dance around the principle of public order in family questions

Maternity subrogation agreements stipulated by Italian citizens in Countries where the recourse to such a procreative technique is legal lead to the problem of the cross-border continuity of the status of children born thanks to alternative gestation. In a context of enduring legislative atrophy, a significant role is carried out by jurisprudence, though exposed to risks of lack of systematic and unitary answers. The fear that the decline of this normative case, as far as specific rules are concerned, may entail the impossibility of decision evaluation, is due to the conviction that the certainty of right lies in the repetitiveness of solutions. On the other hand, the idea that the justice of a concrete case may be granted by the possibility to control a decision on the basis of the values that portray law, is nevertheless more appealing, with particular regard for solidarity and for the enhancing of the person, in a balancing setting founded on a comparative judgement aimed at the principle of good sense.