The Italian Court of Cassation, First Civil Section, in Order No. 5656 of 12 March 2026, examines the legal status to be granted to a child born abroad through surrogacy.
The case arose after a Civil Registrar refused to register the Ukrainian birth certificate of a child born to an Italian heterosexual couple via surrogacy.
After receiving a rejection both at first instance and on appeal, the family brought the matter before the Court of Cassation.
In the order, the Court reaffirms that surrogacy is contrary to public policy, especially in light of stricter criminal rules introduced in 2024 but highlighted the need to balance this principle with international norms protecting the child, regardless of the circumstances of birth.
On one hand the law tends to punish Italian citizens who resort to surrogacy, on the other hand it fails to adequately address the child’s legal position and the protection of their rights.
The Court further emphasizes the inadequacies of “adoption in special cases,” which is currently used as the mechanism to confer legal recognition on the relationship with the intended parent.
As noted by the Constitutional Court in order No. 68/2025, this mechanism raises significant concerns, particularly because the child cannot independently claim or modify their legal parentage status.
Considering the Constitutional Court ruling issued in 2002 that allowed recognition of children born from incest under a special authorization framework, the Court of Cassation has asked that the case be referred to Sezioni Unite of Court of Cassation. The aim is to consider whether a similar interpretative approach could be extended to children born abroad via surrogacy, subject to judicial review of the child’s best interests. This could offer a more effective alternative to the current adoption-based solution.
The next step is for the First President to decide whether to assign the case to the Sezioni Unite of Court of Cassation and, if so, for a final ruling to be issued.
This article was written by Giuditta De Ricco, Angela Suprano and Diletta Furesi
