February 5, 2023

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In Italy, children born abroad through surrogacy are recognized. But there are important gaps

A tough year, just over Rainbow families: After countless setbacks a few days ago, when the Home and Family Ministries decided Keep the words “mom” and “dad”. Among the identity documents of the minors, one has appeared in terrorism good news. The Court of Cassation has indeed decided, with a sentence of December 30th in the joint sections relating to Children born Surrogacy abroad. These should be recognized as Children of two parents, subject to the authorization of the judge, in special cases, by adoption. This is a very important milestone, long awaited for supporters of single parent couples and rights for all, to make history. However, it is an important step that brings some to light Deep spaces It continues in our country.

Principles established by cassation

All children born abroad through surrogacy must be recognized by parents in Italy

The cassation decision was based on the jurisprudence of the Constitutional Court, which called on the Italian parliament to approve a law recognizing the children of same-sex couples in 2021, as well as previous rulings. European Court of Human Rights. First, judges establish that couples (even same-sex) who have children through surrogacy. Abroad They will not be punished in any case. Again, two mothers or two fathers become parents abroad Direct authorization to the Registrar’s Office is no longer automatic By Transcription of Foreign Birth Certificate: We will proceed with a parent’s transcription instead, usually An organic one, then it can proceed to adoption by the second wife. In doing so, to the endAdoption process, the boy or girl shall be recognized as the son or daughter of only one parent; However, in the event that the relationship between the two ends before the end of the procedure, legal judges cannot object to the recognized parentage recognition in the meantime andAdoption by second parentsIt will in any case already appear on the foreign birth certificate.

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The case of two fathers and their son in Canada

Probation judges have ruled in the case of two men who fathered children through insemination for others in Canada

In essence, legal judges establish it henceforth Children born through surrogacy Abroad they should always be Approved by parents in Italy (They are fathers or mothers). But failure to transcribe the foreign birth certificate directly to the registry office will result in resorting to the adoption procedure and therefore opening before this procedure. Juvenile Court, the father or mother who is not related by blood to the minor must prove a bond with him. The definitive case in which the Supreme Court revealed itself was the case of two gay fathers who fathered a child through a surrogate mother in Canada: Cassation overturned a Court of Appeal ruling that had ordered the couple to be recognized by a transcribed Canadian birth certificate. The United States, as the father’s lawyer said, has addressed the fertility issue with the respect and delicacy that others require, but the solution remains problematic. In fact, the path to adoption is inclusive Expensive procedures And a very long time, in addition Failure to provide adequate safeguards For minors who have to wait for the Italian justice to recognize the legal bond with both parents.

In short, the Court of Cassation’s ruling represents a further step towards a world where hetero parents exist. Homosexuals They have the same rights and obligations at the birth of their children; However, there is still a target for a few seconds reach distance.