43. La Corte costituzionale prosegue, in solitaria, il proprio cammino sui diritti dei nati da PMA

With Judgment No. 68 of 2025, the Constitutional Court once again intervenes on another “section” of Law No. 40 of 2004, marking a further step in the ongoing process of redefining the regulation of medically assisted reproduction and adopting a distinctly paidocentric perspective. The paper analyses the Court’s careful reconstruction of the various interests involved in heterologous assisted reproduction as practiced by female couples, highlighting how certain conflicts prove to be merely apparent and therefore do not raise issues of balancing. It also points out how the numerous clarifications and delimitations set out in the decision serve the purpose of preventing improper shifts in the level of analysis.