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Rivista della Cooperazione Giuridica Internazionale

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Fondamenti bioetici e antropologici della critica alla gestazione per altri

DOI:  10.53136/979122182873310
Pages: 154-175
Publication date: August 2026
Publisher: Aracne
SSD:  IUS/13
This paper offers a critical analysis of Gestational Surrogacy (gs) from a personalist bioethical perspective, taking the intrinsic relationality of the human person as an indispensable anthropological premise for the moral, legal, and medical evaluation of reproductive practices. The essay opens the discussion by examining the main critical issues arising from the progressive biological and relational neutralization of pregnancy, made possible by the technicization of procreation and the separation between physicality, identity, and relationships. This process leads to a fragmentation of human generation that affects both the dignity of women—reduced to biological resources—and that of the unborn child, placed within a functional and contractual logic. Particular attention is paid to the ontological status of the human embryo as an essential prerequisite for protecting the best interests of the unborn child and, consequently, of the minor, based on scientific evidence regarding the humanity of the fetus and the main international instruments for the protection of human dignity. Finally, the paper investigates gestational surrogacy in relation to the aims and limits of medicine, questioning the legitimacy of classifying it as a medical practice and arguing that it responds to a personal rather than therapeutic necessity. The analysis results in an overall critical bioethical assessment grounded in the principles of human dignity, non-maleficence, and the centrality of the person.
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