Surrogacy and child protection between best interests of the child and the right to origins

Abstract

This paper proposes a reflection about the topic of gestational surrogacy, focusing on the contribution of the Courts to protect the children born by this practice in view of their best interests and their right to the origins, as well as on the need of obvius regulatory intervention in such matters, to overcome the limits about the role of substitution exercised by the judge in the ongoing inertia of the legislator