Motherhood Surrogacy: A Critical Analysis of Ethical Frameworks, Regulatory Paradigms, and the Limitations of Prohibitionist Approaches

The article presents a comprehensive analysis of surrogate motherhood through a multidisciplinary analytical framework, synthesizing bioethical, sociological, and legal perspectives, with specific emphasis on the implications of the Italian criminal law approach. The research examines the distinct typologies of surrogacy arrangements and their concomitant technical and biological implications, while exploring predominant ethical and social paradigms. The analysis demonstrates how gestational surrogacy can be conceptualized as a pure therapeutic intervention in a reproductive solidarity form, while simultaneously constituting a significant domain for ideological and regulatory discourse. Particular attention is devoted to the introduction of the putative “universal crime” of surrogacy in the Italian legal system, which is critically examined for its inherent inconsistencies with established criminal law principles. The article advances arguments in favor of an inclusive and protective regulatory framework capable of achieving equilibrium between the rights of all stakeholders while addressing the ethical and legal challenges emergent in contemporary discourse.