Municipality recognizes the child of a gay couple / “Adoption from a rented uterus”

Municipality recognizes the child of a gay couple / “Adoption from a rented uterus”
Municipality recognizes the child of a gay couple / “Adoption from a rented uterus”

The case of is complex and with “media” outlines as always an adoption of a gay couple arriving from Milano: a judge of the Court ordered the Milanese municipality to recognize the birth certificate of a child born in the USA thanks to the surrogacy (‘uterus for rent“The much more brutal term but that makes us understand the terms of the question, ed).

In the recent past, in fact, the municipality administered by the mayor Giuseppe Sala had declared illegitimate the recognition of the child as a child at the birth of both fathers, a Milanese and an American. The further appeal had brought the dispute to court, with now the ruling based on a previous similar case already addressed by the Constitutional Court. “Our son was born during the pandemic: without the transcription he could not have suffered Italian citizenship and therefore not even the documents that would have allowed him to return to Italy when international travel was suspended», The Italian father explains to the Corriere della Sera,«My husband had to return to Italy for work a few weeks after the baby was born and the two of us were stranded alone in the United States for five months at the worst times of the pandemic, until we had the stepchild adoption (adoption of the child of one’s spouse or partner civilly united, ed). AND it was very difficult“. The case inevitably reopens the already existing “gash” in terms of the protection of children: what is the good of the little one? This is the question that should prevail, beyond how one can think of it on both sides of the “contention”.

WHAT THE JUDGE SAYS ABOUT “STEPCHILD ADOPTION”

This however, when you read the chronicle of the events that took place on the “case” of Milan, does not always appear followed to the letter. Starting from 2020, after a ruling by the Court of Cassation with joint sections which indicated “adoption in special cases» come «privileged way for the recognition of the children of gays and lesbians», The Municipality of Milan had stopped with the recognition at birth. Stepchild adoption does not happen like normal adoption: as “CorSera” rightly explains, “must be done by order of a judge, after an investigation with an expert opinion of the social services, and provides for limited rights / duties with respect to full parenthood“. For this reason, last January the Consulta intervened to invite the state to fully protect these children children of “special adoptions” such as stepchild. Here we arrive at November 2021, that is, when the Court orders the Municipality – given the absence of an ad hoc law of the Parliament – to fully transcribe the act of adoption and thus recognizing both members of the homosexual couple the role of parent. “Their protection cannot be suspended indefinitely, while waiting for the legislator to change the legislation“, The judges write, adding”the Constitutional Court has in fact refuted the sentence of the Supreme Court at United Sections who considered the child born of surrogacy to be adequately protected by adoption in particular cases“. Lastly, the Court specifies that the child must be guaranteed as “a subject certainly “innocent” with respect to the choices made by those who contributed to its birth“. The child thus gets to have two recognized fathers at full capacity by the Italian State: from a legal point of view it can be a solution, but it opens a chasm not only legislative but also “ethical” as it could be paved the way for the acceptance of the practice of “uterus for rent“. Is it then a question of the child’s mere right or is the desire-right of any individual wishing to become a parent introduced into legislation?

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Municipality recognizes child gay couple Adoption rented uterus

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