Tag: Court of Cassation

The Court of Cassation's judgement 676/2022 recognised the refugee status of a woman who was a victim of trafficking (and a prostitute). In the third level of judgement, the system of the previous judgements was overturned, which had attributed to the woman a tacit consent to the exercise of prostitution, therefore the inexistence of the state of necessity that preludes the granting of refugee status (temporary, it should be noted). In fact, it is said that consent cannot be considered as such in a condition of physical and psychological violence inherent in [...].

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 [...].

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 [...]

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 [...]

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 [...].

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 [...]