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The essay tries to offer a constitutional view of the "surrogacy". It would analyse the legal interests protected by the Italian absolute prohibition of surrogacy, as laid down by the law on medically assisted procreation no. 40/2004. It starts by explanation the two different perspectives to observe the prohibition laid down by the article 12, co. 6 of the law no. 40/2004. Especially, the paper considers the "ex post" perspective that is when intended parents apply for recognition of legaldoi:10.15168/2284-4503-425 fatcat:znuganyjubenzd56mr2fyc5szu