The work aims to analyze the recent interlocutory ordinance n. 8325 of 2020 of the Supreme Court on surrogacy, with which the question of constitutional legitimacy was raised, among other things, of art. 12, paragraph 6, l. n. 40/2004, which sanctions the criminal prohibition of the so-called gestation for others, as it would be “an obstacle to the inalienable right of the minor to insertion and permanent permanence in the family nucleus, understood as social formation protected by the Constitutional Charter”.

In particular, the attempt by the legitimacy judges to propose a possible compliance with the public order of the so-called “altruistic” surrogate motherhood, or without consideration for the pregnant woman, in consideration of the irremediable conflict with our framework of constitutional values, and, first of all, with the so-called personalist principle as per art. 2 of the Constitution, provided that this type of gestation for others, like that of the so-called “commercial”, consists of a “commodification” of the woman and child involved.