Judicial Limitations and Legislative Gaps in the Recognition of Intentional Parenthood in Albania: A Comparative Perspective with Italy

Abstract

This article examines the judicial limitations and legislative gaps affecting the recognition of intentional parenthood in Albania, using Italy as a comparative reference point. Adopting a doctrinal and comparative methodology, the study analyses relevant legislation, constitutional principles, and selected judicial decisions concerning assisted reproduction and the legal status of intended or non-gestational parents. The findings show that the Albanian approach remains marked by legislative silence and judicial restraint, with courts relying on formal interpretations that provide limited protection for children whose family relationships do not fit traditional legal categories. In contrast, Italian jurisprudence has progressively developed a more substantive constitutional approach, placing particular emphasis on the best interests of the child, equality, and the continuity of family life. The article argues that the Albanian legal framework does not provide sufficient clarity or protection in cases involving intentional parenthood, thereby creating uncertainty for both children and intended parents. It advocates a child-centred and functional approach to legal interpretation, supported by stronger reliance on international human rights and children's rights standards. The article's original contribution lies in providing the first comprehensive comparative examination of intentional parenthood in Albanian and Italian law through a focused analysis of judicial approaches to the best interests of the child. By comparing the child-centred constitutional reasoning developed by the Italian Constitutional Court with the more traditional approach adopted by the Albanian Supreme Court, the article demonstrates how different interpretative methods shape the recognition of intended parents and the protection afforded to children in modern family relationships. It further analyses the legal and practical consequences of these judicial approaches, showing how constitutional interpretation can either mitigate or reinforce the effects of legislative silence. By doing so, the article contributes to current debates on the modernization of family law and the constitutional protection of children in evolving family contexts.

Received: 20 February 2026  │  Accepted: 10 June 2026  │  Published: 23 July 2026