Rome, (EFE) to the latest judicial measures, which they attribute to the policy of the Government presided over by the far-right Giorgia Meloni.
The Court, however, rejected the appeals of the Milan Prosecutor’s Office regarding the children of three couples of women, as it assured that another procedure is required aimed at “eliminating the status of child”, a formal matter that, in any case, has been welcomed with relief by these families, according to local media.
The Court’s decision comes amid the tensions generated by the recent order of the Meloni government to block the registration in the civil registry of children of homosexual couples born abroad, after several progressive mayors had taken advantage of a loophole to do it for years.
The judges of the Milanese Civil Court have accepted the thesis of the public prosecutor’s office on the male partner because the registration in the registry “infringed the current law that, prohibiting the use of surrogate motherhood, also prohibits the transcription of the birth certificate in the part in which he also mentions the intentional parent”, according to the Court.
Surrogacy in Italy
Surrogacy is illegal in Italy and some exponents of Meloni’s ultra party, Brothers of Italy, have come to define this practice as “a more serious crime than pedophilia.”
The judges add that “the child’s right to full recognition of the role played by the intended parent” in the “project aimed at his growth, education and instruction may be recognized through the adoption procedure in special cases.”
In the three cases of children of the female couples, born abroad through assisted procreation, the judges have ruled that to request the annulment of the transcripts, the same “procedure” alleged by the prosecutors cannot be used, “but it is necessary institute a true action aimed at eliminating the condition of son”.
This “confirms what we have been maintaining for a long time: the paternity of a minor, according to the principles of our legal system, cannot be canceled with a sponge blow as the Government claims and as some prosecutors claim, but rather a state action that has very strict terms and modalities”, said lawyer Michele Giarratano.
33 appeals filed
“I am sure that the Court of Padua will also confirm this path and the 33 appeals illegally presented by the Prosecutor’s Office will be rejected,” added the lawyer of one of the three couples of women.
On June 19, the Padua Prosecutor’s Office (north) also challenged the registration in the City Council of the children of 33 couples made up of two mothers and requested that the name of the non-biological parent be canceled in the data of the children of both.
“I am calm and convinced of the choices made. Since 2017 I register the birth certificates of girls and boys sons of two mothers. It is an act of responsibility towards the little ones because I do not accept that they are discriminated against”, the mayor, Sergio Giordani, declared at the time.
The association “Famiglie Arcobaleno” (Rainbow Families) denounced this fact that “deprives minors of a legal father”, called it a “shameful and unworthy act for a civic country” and attributed the challenge to the policies of the Government of Meloni, which maintains a crusade against issues such as surrogacy, among others.