The permanence of the principle "mater semper certa est" after assisted reproduction techniques

Abstract

Since science allows the generation of embryos outside the womb and their subsequent implantation in pregnant mothers, we are faced with the question of whether the principle contained in (Paulus 4 ad ed.): “Quia semper certa est, etiam si volgo conceperit: pater vero is est, quem nuptiae demonstrant” observing the accurate reflection of the Roman jurist, who based the determination of filiation on a certain and inevitable legal fact such as childbirth, the principle continues and will continue to be in force, although after the occurrence of the birth there are ways to vary the filiation of the born, also already present in Roman law, such as with adoption.