Children born in Italy through assisted procreation: can both parents be registered as mothers?

Sep 04, 2020

 In a recent judgement of the Italian Supreme Court (Cassazione No. 7668/2020), the Court – in the case of a minor born in Italy as a result of medically assisted procreation practices carried out abroad –  affirmed that the refusal of the civil officer to list both parents as “mothers” in the Vital Statistics is legitimate.   The Court recalled an earlier ruling by the Constitutional Court (No. 221/2019), where the Court affirmed that in the case of medical assisted procreation, there is no right in the Italian juridical system to procreate other than “natural” methods. Artificial procreation is a remedy that can be used only to overcome pathological conditions of infertility.   With regards to recognition in Italy of foreign birth certificates showing two parents of the same sex, the Court stated that in this case it must preserve the rights of the child (status filiationis) and safeguarded the principle of acceptance of the judicial acts formed abroad. Accordingly, the Court  affirmed that a birth certificate of a minor with the indication of two parents transcribed in Italy, can be registered only if parents are both female, while in the case of two male parents it is not legitimate since in this case gestation is possible only through surrogate conditions and this is contrary to Italian principles of public order.

Marco Mazzeschi

Attorney at law. One of the leading corporate immigration lawyers in Italy. Admitted to the Milan Bar Association (1988) and to the Taipei Bar Association (2016), a member of the American Immigration Lawyers Association (AILA) and an accredited partner of Invest in Tuscany. Schedule a consultation call

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