5 July 2022

Mayor Beppe Sala's 'gift' to Pride

From now on, in Milan, the birth certificates of children of 'homogenous couples' will be automatically registered, including those born from surrogacy. Although the law and subsequent rulings firmly condemn the practice and point the way to 'adoption' for the 'intended' parent. But the registry office is the responsibility of the State, not of local administrations. And the Milanese have never been asked about it: all the critical aspects of a unilateral and very glamorous decision that could also present profiles of unconstitutionality
Please be aware that the translation of contents, although automatic, has a cost to Feminist Post but is provided to you without any charge. Please consider making a contribution via the "Support us" page if you intend to use our translation service intensively.
The contents of this site are translated using automatic translation systems without the intervention of professional translators.
Translations are provided for the sole purpose of facilitating reading by international visitors.
Share this article

"We have restarted the recognition of children born in Italy by homogenous couples': the words with which the mayor Beppe Sala announced his personal 'gift' to Pride have initially caused some confusion. In fact, children born 'in Italy' on the initiative of - and not 'by' - homogenous couples are only the children of women united with other women. The children of male couples are born in Canada, California or other procreative tourism destinations, but not in Italy because our country, like the vast majority of countries in the world - in fact it is already almost a universal crime - prohibits and punishes the use of surrogacy.

However, it was soon realised that The Milan mayor's decision will also affect children born by gestation for others.

La law 40 which regulates the matter does not lend itself to misunderstandings and punishes with imprisonment from three months to two years and a fine from EUR 600,000 to EUR 1 million not only those who carry out but also those who 'advertise' gestation for others. No less clear-cut are the subsequent judgments, starting with that of the Constitutional Court (272/2017), rapporteur Giuliano Amato, who strengthens the ban by defining uterus for rent "a practice that intolerably offends the dignity of women and deeply undermines human relations". Another 2019 ruling, this time of the Court of Cassation, United Sections, reiterated that in order to protect public order and above all the child's right to the truth about his or her origins the order of a foreign court may not be transcribed in Italian civil status registers affirming the filiation relationship between a child born abroad through surrogacy and an Italian subject who has no biological relationship with him. The same judgment indicates as a possible avenue for the biological father's partner the institution of adoption in special cases.

It has been said of this institution that the procedure is often very slow and, above all, that it does not establish legal ties between the adoptee and the adopter's relatives. However, this problem has been overcome by a further ruling of the Constitutional Court -March 2022-, which, while reaffirming the absolute disvalidity of surrogacy and the impossibility of an 'automatic' transcription of the birth certificate, recognises these legal ties and calls on Parliament to legislate on the status filiationis of these children.

Parliament has not yet legislated, and on the strength of this, Mayor Sala felt he had to do 'his part'. But can this be called 'the his part'?

Registry is the competence of the central state and the references for local administrators, even those with national ambitions, are necessarily state law and court rulings. And as we have seen today Both the law and the judgments indicate adoption as the only path for the 'intending parent', as well as reiterating the firm negative judgement on gestation for others.

The automatic transcription of these foreign birth certificates therefore seems to circumvent the rules currently in force at national level: in essence Mayor Sala's 'gift' to Pride does not seem to be within his means, and he cannot presume to interpret the will of the majority of citizens which can only be represented by the legislator. Above all that 'gift' effectively removes the main disincentive for those considering resorting to this practicethus distances itself from the negative judgement on the 'disvalue' of surrogacy expressed in the law and invariably reiterated in the judgments.  

But children? this is the main topic of those who support the automatic transcription of these birth certificates. Those children will enjoy the rights guaranteed to every other child, from paediatrician to school, and will also 'enjoy' the second parent who adopts them. But will never enjoy the overriding right, being the objects of a commercial contract between wealthy principals and women in need, not to be separated from the mother who has just given birth to them, an irreplaceable pillar of what is called the best interests of the child (best interest).

That wound, caused by a deed, will never heal. From the perspective of harm reduction for children, the practice of womb renting should therefore be discouraged in any way - as is the case, we should reiterate, in the vast majority of the world except for some 20 countries out of 206 - and should not be facilitated by administrative acts.

A'last notation of some significance. A woman giving birth to a child -mater semper certa- is obliged to declare the truth about the paternity of her child (if the woman is married, unless explicitly disowned, paternity is automatically attributed to her husband). In the case of a false declaration, that mother, if discovered, is prosecuted precisely because of the child's superior interest in the truth about his or her origins as well as for reasons of public policy.

So-called homogenous couples would therefore have a licence to blatantly perjure themselves in public deeds -more: the impossibility of indicating a second father or mother without being prosecuted.

But Article 3 of the Constitution declares us equal before the law: is it possible to base inequality on sexual orientation?  

Marina Terragni

published on Advent 5 July 2022

Next update: from the registry office explain that the decision of Mayor Beppe Sala and councillor Gaia Romani is a act of 'civil disobedience against national legislation'., an act that apparently intends to bypass the rulings we mentioned in the article and that refers to a single judgment, Supreme Court Decision 7688/2020.

This judgment examines a specific case, authorises the indication of two mothers in a birth certificate in the name of affective continuity for the child. But it is also expressly and unequivocally stated that the device does not apply to "male homosexual couples, for whom artificial parenthood necessarily passes through the separate practice of surrogacy (or gestation for others), which is prohibited by a provision (Article 12(6) of Law No. 40 of 2004) that has been held to be expressive of a principle of public order, protecting fundamental values such as the dignity of the pregnant woman and the institution of adoption, not unreasonably considered by the legislature to take precedence over the best interests of the child, without prejudice to the possibility of nevertheless giving prominence to the parental relationship through recourse to other legal instruments, such as adoption (Cass., sec. un., no. 12193 of 2019)".

Ignoring, apparently, this passage Instead, Mayor Sala and Councillor Romani intend to refer to that ruling to also transcribe male 'homogenous couples', that is, they have resorted to womb renting. And what's more the true challenge, The right that demands to be affirmed is the right to the uterus for rent, which is indispensable to male 'homosexuals'. Possibly until the lawfulness of the practice is established in Italy.

The rest is purely incidental. Women matter little, even in this case. Female 'homogeny' (where the mother, in any case, is present) only serves as a Trojan horse for male homogeny.

Much of the news published by Feminist Post you will not read elsewhere. That is why it is important to support us, even with a small contribution: Feminist Post is produced solely by the voluntary work of many people and has no funding.
If you think our work can be useful for your life, we will be grateful for even the smallest contribution.

You can give us your contribution by clicking here: Patreon - Feminist Post
You might also be interested in
21 September 2023
Open letter to Health Minister Schillaci: medically assisted procreation does not increase the birth rate. On the contrary, it is among the causes of the demographic winter
Free homologous fertilisation and a €1,500 ticket for heterologous fertilisation: the minister announces new measures that would help stem the birth crisis. But it is the exact opposite: the more we feed the illusion of being able to postpone the birth of a child ad libitum - the results of PMA are poor: in more than 8 out of 10 cases it fails - the fewer children will be born. There is only one way: infertility prevention. Starting with correct information against the propaganda of the reproductive biomarket
Dear Minister Schillaci, we learn from press reports that as of 1 January next year the National Health Service will provide homologous fertilisation services free of charge and that it has established a co-payment for heterologous fertilisation - the responsibility of the region - which is expected to be around 1,500 euro. The provision would be part, according to him, of the measures against the birth rate in our country: less than 400 thousand births in 2022, the lowest number since the unification of Italy to date. In reality, as he explains [...]
Read now
18 September 2023
The new PD proposal on surrogate children is wrong: here's why
The idea is a facilitated 'rewarding' path -only four months- for the adoption of children born by gestation for others: a quasi-automatism that instead of counteracting it would encourage recourse to the practice. Moreover, a difference is made between this type of adoptee -GPA clients- and all others for whom the timing would not change. But the Constitution wants us equal before the law
The PD has deposited in the Senate -first signatory the cathodem Alfredo Bazoli, deputy vice-president of the PD group- a bill that provides for a 'special adoption' so-called 'affective' for the children of hetero or homo couples born from uterus for rent. Basically, it accepts the procedure of adoption in special cases of those born by Gpa for the 'intentional' parent, but calls for it to be accelerated to arrive at a ruling within four months. The court, therefore, the text reads, "shall verify whether the [...]
Read now
29 August 2023
Greece, womb and baby trafficking: babies 'kidnapped', couples stuck waiting
Team from the Mediterranean Fertility Institute in Crete arrested on suspicion of human and gamete trafficking, fraud and forgery. Many dozens of poor women from Eastern Europe persuaded to allow themselves to be exploited in order to supply children to mostly Australian principals
The Mediterranean Fertility Institute, a surrogacy clinic in Crete, was raided by the police on suspicion of human trafficking and fraud, and the entire medical team was arrested and taken to prison on charges of child trafficking. According to Greek police, a group of traffickers had co-opted 160 poor women -Ukrainian, Romanian, Moldavian, Albanian and Georgian- convincing them to provide egg cells and lend themselves as wombs for rent for a few tens of euros per month, housing them in [...]
Read now
9 August 2023
Male bodies in women's sports: finally something is moving
It's about time: FIDAL, the Italian Athletics Federation, complies with the directives of World Athletics to ensure fairness in women's sports competitions by dictating strict conditions for the participation of trans women athletes. Meanwhile, Martina Navratilova makes it clear that 'women's tennis is not for failed males' by rebelling against an injustice that, she says, 'is patriarchy'.
While tennis player Martina Navratilova is being heaped with contumely for stating the obvious, namely that she is fed up with seeing male bodies thriving in women's tennis (the latest case being that of US transwoman Alicia Rowley, you can see her in the centre of the opening photo) adding that 'women's tennis is not for failed males' and that 'it is patriarchy for biological men to insist on the right to compete in the women's category in sport' (La Repubblica speaks with dismay and [...]
Read now
4 August 2023
Lesbian motherhood: open letter to Kathleen Stock
The gender critical philosopher says she is concerned about the rights of lesbian mothers being denied 'by the Meloni government'. But it was the judiciary and not the government that decided that only biological mothers can appear on birth certificates. In order for the law to recognise sexual difference in procreation, it is necessary for homosexual women to break the front with wealthy gay males who resort to surrogacy: homogeny is just ideology
We have been following closely and sisterly the story of Kathleen Stock, gender critical philosopher, author among others of Material Girls: Why Reality Matters for Feminism (Little, Brown Book Group, 2021) and former lecturer at the University of Sussex persecuted by transactivists: we have told her story here. Together with Martina Navratilova and Julie Bindel Stock she recently founded The Lesbian Project with the aim of reaffirming the specificity of lesbian identity. The aim of the project is 'to stop the disappearance of lesbians in the rainbow soup and to give [...]
Read now
3 August 2023
The 'right' to have a slave: Hagar and the womb for rent
For days, the supporters of the GPA have been jubilantly spreading the 'news': even God allows a woman to bear children for others, as the biblical account of Sarah -wife of Abraham unable to conceive- and her servant Hagar who lent her womb shows. So today, too, temporary slaves are being claimed: a real ethical and political short-circuit. And an autogoal. Also because the Genesis account should be read in its entirety
For days on social media, the supporters of the womb for rent, in particular many LGBT+ activists and their supporters, have been reviving the story of the slave girl Hagar and her son Ishmael (Genesis 16 and 21) to support the lawfulness and goodness of their cause. The meaning would be: even God allows a woman to bear a child for others. So: nothing wrong with our claim. In fact, we too are entitled to have female slaves. A logical, political and ethical short-circuit. They do not know [...]
Read now
1 2 3 ... 20