The European Court of Human Rights
(ECHR) on Thursday found Italy guilty of violating the rights of
a child born in Ukraine in 2019 through surrogacy by preventing
the legal recognition of her filial relationship with her
biological father and rendering her stateless.
Specifically, it ruled that Italy was guilty of violating the
child's right to family and private life.
The case was brought to the Strasbourg court in September 2021
by the child's biological father and intended mother, both
Italians, after they were repeatedly refused legal recognition
of their bond with the child by Italian registry offices and
courts.
"The refusal of the national authorities to recognise her
biological father and intended mother as her parents, on the one
hand, and the fact that she had no nationality, on the other,
has placed her in a state of great legal uncertainty," reads
their appeal.
The ECHR also ruled that the Italian authorities must pay the
child 15,000 euros in moral damages and 9,536 euros for legal
costs.
Surrogacy is illegal in Italy and a bill presented by Premier
Giorgia Meloni's right-wing Brothers of Italy (FdI) party is
currently before parliament making it a universal crime.
This means that it would be punishable by law even if committed
abroad, but only for Italian citizens.
In March the government drew criticism from the opposition and
rights activists after it instructed city mayors to stop
registering the children of same-sex couples using a procedure
based on the transcription into Italian civic registers of the
foreign birth certificates of children conceived via surrogacy
or assisted fertility, which is only available to heterosexual
couples in Italy, citing a ruling by the Court of Cassation,
Italy's highest court.
Centre-left opposition Democratic Party (PD) Secretary Elly
Schlein has said she is personally in favour of surrogacy.
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