Not Just Parent. Per un diverso approccio alle sfide del biodiritto

In the scholarly debate that has developed over two decades of implementation of Law No. 40 of 2004, locutions such as social parenting, intentional parenting, parental project, affective project are used to refer to family relationships made possible by new procreative techniques. At the same time, the terms sexuality, maternity and paternity have all but disappeared from the legal lexicon, replaced by the “more inclusive” terms affectivity and parenting. Such semantic options can be traced to the methodological choice of approaching the topic of social parenting solely according to the equalitarian logics of anti-discrimination law. This paper questions the possibility of observing the phenomenon from a perspective that, eschewing reductive readings of Article 3 Const. does not devalue sexual difference in the name of neutral social parenting.