Ethical and legal issues in gestational surrogacy

This study originated from events that occurred
in 2014 in an Italian hospital, where the embryos of a
couple, obtained by means of homologous insemination,
were mistakenly implanted into the uterus of another
woman who, along with her husband, underwent the
same treatment.
Faced with this serious adverse circumstance, that gives
rise to ethical and legal issues, the authors conducted a
comparative examination of how to consider the division
of maternity (between biological mother and uterine
mother) and the related division of paternity (between
genetic father and legal father, husband or partner of the
gestational mother).
Some preliminary observations are made concerning
parenthood and filiation within the context of currently
applicable Italian law.
The following is a detailed analysis of the arguments
in favour of the parental figures involved (gestational
mother/genetic mother).