La Consulta e il tema della omogenitorialità: un monito al legislatore sulla necessità di una più ampia tutela del superiore interesse del minore

In the commented ruling, the Constitutional Court – with a decision in line with the position already taken by the Court before – states that the lawmaker enjoys a certain margin of discretion in matters that are highly sensitive under an ethical standpoint, likewise medically assisted procreation. The ruling gives the opportunity for an analysis of the notion of “best interest of the child” concerning, particularly, the limits that judges would face in assessing abstractly its content. At the same time, the paper tries to highlight the shortcomings of the recent case law based on a new model for acquiring the status filiationis that extensively relies upon the expression of consent and the assumption of responsibility by the intentional parents.