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.

  • Contact us

    To request an initial assessment or to arrange a consultation call with one of our consultants, please provide us with your contact details and we will get back to you within the next 24 (working) hours.

    Get in touch →
  • MAZZESCHI S.r.l. - C.F e P.IVA 01200160529 - Cap.Soc. 10.000 € I.V. - Reg. Imp. Siena 01200160529 - REA SI-128403 - Privacy Notice - Cookies Policy
    Copyright © 2019 by Mazzeschi - Web Designer Alessio Piazzini Creazione siti web Firenze
  • Mazzeschi S.r.l. | Operazione/Progetto finanziato nel quadro del POR FESR Toscana 2014-2020
    Il progetto ITACA (ITaly Attract ChinA) è un investimento nei paesi/mercati a lingua cinese, in particolare Taiwan con l’obiettivo di accrescere le quote di mercato dell'azienda. Tramite ITACA la Mazzeschi Srl ha aperto un ufficio a Taiwan con assunzione di personale di lingua cinese, creato un sito internet in lingua cinese e partecipato a fiere e varie attività di promozione a Taiwan.

    Mazzeschi S.r.l. | Project co-financed under Tuscany POR FESR 2014-2020
    The ITACA project (ITaly Attract ChinA) is a fund to invest in Chinese-speaking countries/markets, in particular Taiwan with the aim of increasing the company's market shares. With the help of ITACA project, Mazzeschi Srl has opened an office in Taiwan and has hired a Chinese-speaking staff, created a Chinese website and participated in fairs and various promotional activities in Taiwan.