ABSTRACT
The work aims to analyse the Constitutional Court’s decision no. 33 of 2021 concerning surrogacy. In particular, it critically reviews the perspective of the constitutional judges, according to which the so-called adoption in special cases by the intended parent would not be a “generally” adequate instrument to protect the best interests of the child. This is despite the fact that the Court, on the one hand, invokes the need to seek “the best solution in the child’s best interests” and, on the other hand, calls for legislative intervention to ensure a balance between the interests of the child and the need to discourage recourse to such practices.