Tag: Constitutional Court

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11 December 2021
Open letter to the Mayor of Milan and his Council: why the 'two fathers' should not be transcribed
The transcription of the birth certificates of children born from a surrogate motherhood circumvents the ban on the practice, gives precedence to a private interest - based on a commercial contract - over the public interest, and authorises the father to blatantly lie about the filiationis status - if a mother did so she would be prosecuted for forgery. Are we therefore unequal before the law in violation of Article 3 of the Constitution?
IN RESPECT OF THE RECENT JUDGMENTS OF THE COURT OF MILAN INJUDGING THE TRANSCRIPTION OF BIRTH ACTS CARRIED OUT ABROAD CONCERNING CHILDREN BORN FROM RENTAL UTERUS BY WILL OF COUPLES OF MEN TO THE MAYOR OF MILAN BEPPE SALA TO THE COUNCIL OF MILAN and p.c. TO ELENA LATTUADA, DELEGATE FOR EQUAL OPPORTUNITIES OF THE MAYOR TO ELENA LATTUADA, DELEGATE FOR EQUAL OPPORTUNITIES OF THE MAYOR WHEREAS recourse to surrogacy is a crime almost all over the world: in fact, the practice is admitted only in about twenty countries [...].
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8 November 2021
Registering 'two fathers' violates the Constitution
In particular, it violates Article 3 of the Charter of Fundamental Rights, which requires us to be equal before the law. The male couple would in fact be allowed to lie about the filiationis status of the child, something that is never allowed to a mother, who is always required to declare the truth about the paternity of her child. Otherwise, they would be penalised. Unacceptable
The Court of Milan ordered the Municipality to transcribe in full the birth certificate with "two fathers" of a child born in the United States from a rented uterus and purchased oocyte. Since spring 2019, the municipality had suspended the transcriptions of these birth certificates, limiting itself to the transcription of the biological father only. A few months later, a ruling by the Court of Cassation had supported this decision, pointing the way to adoption so-called "in special cases" for the biological father's partner. Subsequently another [...]
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10 March 2021
Constitutional Court: rainbow children law needed. But surrogacy remains a serious crime
Two judgments of the Constitutional Court - issued on 28 January, the reasons for which have been made known in the last few hours - invite Italian legislators to identify devices which, in the name of the "superior interest of the child", allow so-called "intentional parents", including those who commission a surrogacy, to be recognised as parents for all intents and purposes even in the absence of biological ties and even if they have committed a crime. While rejecting as "inadmissible" the questions posed by the first section of the Supreme Court regarding two cases [...]
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29 January 2021
Constitutional Court: a law is needed on the recognition of surrogate children
In a ruling handed down yesterday, the Constitutional Court has called on Italy's parliament to legislate on the issue of the recognition of children born through surrogacy, stating that "without prejudice to the prohibition of surrogacy as a criminal offence, the current legal framework does not ensure full protection of the interests of the child born through this technique": this was announced by the Court's press office ahead of the filing. In short: the order -the No. 8325 / 2020- of the Court of Cassation had put to the Court [...].
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31 December 2020
Surrogacy and 'two fathers': our letter to the Constitutional Court, which will rule on 27 January
In an order - no. 8325/2020 - the Court of Cassation has once again asked the Constitutional Court to allow a child born of a surrogate mother to be registered in the civil register as the child of two fathers, the "biological" father and the other defined as the "intentional" father. The United Sections of the Court of Cassation had already clearly ruled against this possibility, but surprisingly, the First Section reopened the question and now we are waiting for the Constitutional Court's pronouncement, scheduled for 27 January. Court to which we [...]
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