it’s the second time in a few days

For the second time in a few days, the Court of Milan orders the Municipality to proceed with the registration in the registry of the children of two male parents born through surrogacy abroad, in both cases in the United States. The second sentence that follows this path was filed on Tuesday 9 November, the first dates back to 26 October.

These are two cases destined to make school. A sentence of the Court of Cassation of 2019 (n.12193) established that, in the event of gestation for others carried out abroad, in Italy only the biological parent could be recognized, while the so-called intentional one could only adopt the child. Consequently, several municipalities, including that of Milan, after starting to do so in 2018, have stopped transcribing the children of two male fathers.

Then the Constitutional Court intervened, with the sentence 33/2021 in March of this year, launching a warning (for now a dead letter) to the Legislator to intervene to guarantee full protection to children, giving the substantial green light to the judgments of merit such as those of recent days in Milan. “We hope that the Municipality of Milan will proceed with the transcription of the birth certificates autonomously, without forcing other homosexual parents to contact the judiciary”, declares Rete Lenford, the association of LGBT lawyers that followed the second of the two cases, while the first he had been followed by the lawyer Alexander Schuster of Trento.

“Adoption – continues Rete Lenford – is not a tool capable of ensuring the right protection for children: in addition to being a long procedure and left to the will of the parent to take responsibility towards their children, it prevents the latter, among the other things, to have grandparents, uncles and inheritance rights “.

Aunt: “If it had been legal I would have carried the pregnancy to term”

“The solidity of the arguments supporting the decision – commented Giacomo Cardaci, Manuel Girola and Luca Di Gaetano, lawyers of the couple and partners of Rete Lenford – makes the decree an enlightening ‘precedent’ for all judges to come. the case was discussed, it was touching: Serena Francesca Pratelli, lawyer of the defense board and aunt of the children, said that, if it were possible, she would carry on the pregnancy in Italy, to allow them to be born. no damage to the dignity of women in generating life, but only an act of infinite generosity “.

“It is a really important decision – comments Vincenzo Miri, president of the Lenford Network – also because, in the current regulatory situation, the Court has judged it ‘evident’ that the protection of children ‘cannot be suspended indefinitely’, pending a Parliament that has already proved guilty deaf, indeed hostile, to the requests for the protection of LGBTI + people and their children. As an association we do and will do our part to put an end to situations of intolerable lack of protection: Parliament must assume the responsibility to ensure, without hesitation and without squalid obstructive maneuvers, the maximum protection of fundamental rights recognized by the Constitution “.

The first case: son blocked in the US for covid

In the case discussed in court on October 26, due to the outbreak of the covid pandemic in 2020, the newborn was stuck in the United States together with one of the two fathers while the other, a US citizen, went to Milan for work reasons. The lack of transcription by the Municipality of Milan prevented the little one from obtaining Italian citizenship and reaching the Lombard capital in a time of pandemic. The family was able to reunify thanks to co-parental adoption (‘stepchild adoption’) but, according to the Court, in the specific case it could not be said that there had been a “damage to the dignity of the pregnant woman” and therefore the interest of the minor to be maintained, educated, educated and morally assisted by both persons whom he considers his parents.

The spread of the sentence had provoked strong controversy at the political level. The leader of the Brothers of Italy, Giorgia Meloni, also intervened, reiterating the proposal to make surrogacy a ‘universal crime’, that is, punishable in Italy wherever it occurs.

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