I diritti (dimenticati) dei figli nell’applicazione della l. n. 40/2004

The paper analyzes some of the issues related to the recognition of the parental relationship between children born as a result of surrogacy or medically assisted procreation carried out abroad and their intended parents. It shows how the system outlined by law and case law presents several critical issues and how it is inconsistent with some well-established teachings of the Constitutional Court. Finally, given the absence of a right to parenthood, the question arises as to the configurability of a right to the recognition of the filial relationship for those who are, in fact, already placed in a family.