Judges in Milan on Tuesday declared
illegitimate the transcription of the registration of double
maternity for the children of three lesbian couples born abroad
through assisted fertility, overturning an earlier ruling in
their favour.
The family section of the civil court of appeal in the Lombardy
regional capital upheld an appeal by the public prosecutor's
office against a June 23, 2023 ruling acknowledging as valid the
transcription of the double maternity in the civil registry.
In their ruling the judges said on the issue of the registration
of children born to same-sex couples parliament must intervene.
"The court recognises that the matter in question requires the
intervention of the legislature, which is the only body able to
draw up a suitable detailed regulatory plan that correctly
formulates the rights of the subjects involved in medically
assisted human procreation, balancing constitutional rights that
must not come into conflict, including those of the unborn
child, a subject capable of rights in its being and becoming,"
said the court in a statement.
The issue has been a hot topic in Italy since March 2023, when
the right-centre government of Premier Giorgia Meloni 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 civil registers of the foreign birth certificates
of children conceived via surrogacy, which is a crime in Italy,
or assisted fertility, which is only available to heterosexual
couples in Italy, citing a ruling by the Court of Cassation,
Italy's highest court.
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