Family and parenthood in recent case law on ethical choices at the beginning of life following the best interests of the child

Abstract

The paper analyzes the evolution of the legal concept of the family in light of the most recent case law, with particular attention to the impact of ethical choices concerning the beginning of life and to the growing entrenchment of the principle of the best interest of the child as an organizing criterion of the system. After reconstructing the transition from the traditional family model - essentially inspired by Catholic ethics and formalized in the concordat marriage- to the plurality of affective social formations recognized by the legal order, the study examines the tensions generated by medically assisted procreation (MAP) techniques and by the increasing demand for protection of the new parental models arising from them, including same‑sex couples, single individuals, and transgender families, also with regard to the use of surrogacy and adoption. The paper highlights how case law, following social changes, tends to favor the continuity and certainty of affective bonds over the formal legislative restrictions on access to MAP. The structure of the work is indeed built around the analysis of the most recent decisions of the Constitutional Court, which have redefined the balance between reproductive self‑determination, statutory prohibitions, and the protection of minors, recognizing parenthood in several cases even in the absence of biological ties and promoting a child‑centered approach. In its concluding remarks, the author draws attention to the systemic criticalities stemming from the fragmentation of the constitutional model of the family, the persistence of the demographic winter, and the risk of technocratic and eugenic drifts linked to excessive reliance on reproductive technologies. Finally, the article calls for legislative intervention to construct an organic framework on family and parenthood that - avoiding both judicial hyper‑activism and the individualistic drift of “tyrannical rights” - reaffirms the centrality of the child and ensures a stable and harmonious environment for the development of his or her personality.