Oltre il limbo giuridico della persona minore: Nota alla sentenza n. 68 del 2025, Corte costituzionale

This paper examines the Italian Constitutional Court’s recent ruling on the constitutionality of Article 8 of Law no. 40/2004 concerning the legal status of children born through medically assisted procreation (MAP) carried out abroad by same-sex female couples. The Court limited its analysis strictly to the child’s status (status filiationis), excluding broader questions such as the right to parenthood for same-sex couples or the prohibition of surrogacy. Central to the judgment is the best interest of the child, which serves as the sole criterion guiding the constitutional scrutiny. By excluding other intersecting yet distinct legal claims, the Court emphasizes the need for clear, focused evaluation of the child’s fundamental rights, especially in light of their heightened vulnerability. This methodological choice does not deny the relevance of other legal interests but underscores their irrelevance within the scope of this specific case. The judgment thus reflects a deliberate constitutional strategy to safeguard the child’s legal protection in an effective and timely manner.