Social Parenthood: analysis of the phenomenon and its public order limits
The phenomenon of social parenting is based on the voluntary and conscious assumption of procreative - and then parental - responsibility by adults towards minors involved in old and new cases. Such cases range from adoptions - national and international, full and meek - to medically assisted procreation, homologous and heterologous, both single and double, to the paths of ROPA (Reception of Oocytes from Partner), surrogate motherhood, supernumerary embryo sharing, post-mortem procreation, as well as chance events such as the accidental exchange of embryos. Added to this framework is kafala, a form of child protection peculiar to some Islamic orders, practised both domestically and transnationally, when families residing in one country resort to procedures carried out in another state, involving several orders in the progressive stages of implementation.
In the declinations just outlined of the phenomenon, the transnational dimension is central, especially in systems such as the Italian one which boasts many prohibitions, thus exalting so-called circumvention tourism. This cross-border configuration determines the need to apply the public order clause, the notion and principles of which must be assessed on a case-by-case basis, without aprioristic solutions, based eminently on national imperative rules.
The SOCIAL PARENTHOOD PRIN - Social Parenting: analysis of the phenomenon and its public policy limits is dedicated to this very phenomenon and its public policy limits. This is a national and interdisciplinary initiative, funded by the Ministry of University and Research (MUR) under the PRIN 2022 - PNRR Mission 4, Component 2 Investment 1.1 (Notice 104/2022, CUP Code H53D23002930006). The objective is to produce knowledge, rationalisation of the phenomenon and operational recommendations to guide legislative, judicial and administrative practice on social parenting issues in Italy and Europe.
The project stems from the collaboration of two Italian universities that, after having participated in the European project JUST PARENT, have decided to intertwine their competences to investigate social parenting under different profiles: the Universities of Milano Bicocca and Modena and Reggio Emilia. From the previous virtuous cooperation, a collaboration between scholars of private law, constitutional law and criminal law was born.
The interdisciplinary and cooperative approach favours the exchange of methodological approaches and comparisons between legal systems. The members of the core group are:
The research work consists of five main, closely interconnected stages:
- Administrative phase, for the definition of the operational plan, financial management and the creation of the dedicated digital observatory.
- Data collection phase, for the identification and archiving of legislation, national and foreign case law, rulings of national, European and foreign courts.
- Data processing phase, in which the information collected is analysed, maximised and categorised according to interdisciplinary grids.
- Policy formulation phase, with the drafting of regulatory proposals and guidelines for legal, social and health practitioners.
- Dissemination and communication phase, targeting both the academic and professional world and the general public.
Following the first three phases, the project promoted numerous initiatives. In particular, a Family and Private Law MOOT COURT was held at the University of Milan-Bicocca for 40 students of Law and Legal Sciences, organised in 8 hearings with a panel of expert judges. The students, divided into teams, prepared pleadings and opinions on complex issues: informed consent, assisted procreation, reproductive rights, deliberation of foreign rulings and recognition of acts relating to the filiationis status of foreign-born children.
In parallel, the podcast FAMILY vs PUBLIC ORDER was recorded, consisting of 13 episodes available on the main streaming platforms. The aim is to inform the general public about reproductive rights and public order issues, examining the contrasts still present, the critical points that have emerged in the various areas, comparing with emerging doctrines - such as Courtney Joslin's and Douglas NeJaime's functional parenting in the US system - and with Nordic models, illustrated by Prof. Elizabeth Stuart Perry of Uppsala Universitet.
The data collection involved the analysis of over 200 judgments, of which 100 were maximised and entered into the digital observatory. The salient rulings, together with news, events and publications, were disseminated via a bi-monthly newsletter, thematic website and targeted social campaigns.
Finally, the project's handbook was published in 2025, namely the monographic volume The Family (R)evolution. Insights into rising parenthood issues, edited by Matteo Caldironi and Stefania Pia Perrino, and published by Mucchi, which collects the most innovative results and strategic reflections that emerged during the project.
SOCIAL PARENTHOOD official website: https://www.socialparenthood.unimore.it
Podcast FAMIGLIA vs ORDINE PUBBLICO: https://open.spotify.com/show/5w0ZgYZ4JcsDnPMmxIL8DH
PRIVATE AND FAMILY LAW MOOT COURT: https://www.socialparenthood.unimore.it/moot-court-competition/
Newsletter: https://www.socialparenthood.unimore.it/newsletter/
The Family (R)evolution (Mucchi Editore, 2025): https://mucchieditore.it/prodotto/the-family-revolution/
(Focus by Stefania Pia Perrino)