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 showing two parents can be registered in Italy only if both are female. In the case of two male parents, registration is not legitimate, as gestation requires surrogacy, which violates Italian public order principles.
