Children born by surrogacy: no indication in the birth certificate of the so-called intended parent. The parent who shares the parental plan may, however, adopt the child.
A homosexual couple formed by two Italian citizens, with two children born abroad through surrogacy and with genetic material from one of the men, asked the mayor of a Sicilian municipality to transcribe the birth certificates and to include not only the name of the biological father, but also that of the father who wanted the birth, the so-called intended parent.
The recent judgment of the Court of Cassation no. 85 of January 3rd, 2024, confirms the legitimacy of the mayor’s refusal, reaffirming that surrogate motherhood – as an unacceptable violation of women’s dignity – is prohibited in Italy and that it is therefore not permissible to recognize the parenthood of the intended father who wanted the children by resorting to surrogacy in a foreign country.
However, the Court of Cassation, recognizing the need to protect the affective relationship that binds the child and the intended parent, regardless of the mode of procreation, offers an alternative possibility: recourse to adoption in special cases, regulated by article 44 of law 184/83, which provides for cases where the child is placed in a family unit which he or she has previously developed affective ties with.
Attorney at law since 2006, specialized in real estate law, inheritance, citizenship and corporate law.
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