Philosophical approaches to surrogacy and their legal implications, in Surrogacy Today: A European Legal Overview

In this chapter, we will discuss the philosophical reasons for the multifaceted legal regulation of gestational surrogacy worldwide. Indeed, the legal solutions provided for this very controversial issue are influenced by the diverse philosophical approaches to human nature and to its role in shaping legal categories and rules. The reflection will be based on the analytical approach to philosophy, which aims at clarifying concepts to create transparent conditions for debating sensitive issues that otherwise run the risk of being trapped in ideological stances. It will be enriched with the argumentative bioethical methodology.