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
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The PD has deposited in the Senate - first signatory the cathodem Alfredo Bazoli, deputy deputy chairman of the PD group- a bill providing for a so-called 'special adoption' for the children of hetero or homo couples born from surrogacy.

In essence the adoption procedure is accepted in special cases of Gpa births for the 'intentional' parentbut is required to accelerate it to a ruling within four months.

The court, therefore, reads the text, "verifies whether the child's birth is the expression of a specific and shared parental plan, followed by constant care and affective relationship, as well as whether the adoption is in the child's best interests". The assessment of the case would be entrusted to psychologists, social workers, educationalists or child psychiatrists: their report should be filed within two months. In addition, the Court may issue provisional measures within one month appropriate for the child "iincluding those related toProvisional exercise of parental authority by the adoptive parent'.. The ruling, as mentioned, is expected to come within four months at the latest.

The proposal -subscribed by 22 out of 37 Dem senators, including Graziano Delrio and Alessandro Alfieri, Valeria Valente, Andrea Martella, Sandra Zampa and Walter Verini, while the support of 'Schleinian' exponents is lacking - undoubtedly stems from a goodwill mediation between a majority that is about to approve the bill on the 'European Union' in the Senate as well.uterus for rent 'universal crime' and a left that aims at automatic and full transcription of birth certificates of these children.

However, it is a proposal that presents many criticalities. Indeed:

1. discriminates between 'Gpa children' and other children for whom the adoption procedure is used in special casesthe most frequent and probably majority case of the children of single mothers who intend to have the girl or boy adopted by their new partner. It is indeed unclear for what reason, in violation of Article 3 of the Constitution which requires us to be equal before the law, those who have resorted to surrogacy in violation of the law should enjoy a facilitated pathway as opposed to others who access adoptions in special cases that are no less 'affective'. It would therefore be a reform of the institution to benefit only part of the citizenry and not the whole, in a bizarre 'reward' logic.

2. each adoption request is a separate case and it is not possible to predetermine a standard time frame for all (in this case the same for all surrogate births). Apart from the bureaucratic red tape that plagues every public act, the timing of the procedure -for which an upper limit may possibly be set, but certainly not so tightly- are to protect the best interests of the child to be adopted and not the adoptee's haste, best interests of the child who deserves all the obligatory checks and all the time necessary to implement them. In any case 4 months is an unreasonably short time and the adoption process would thus be reduced to a bureaucratic formality.

3. Law 40 and all subsequent judgments issued on the subject by the Constitutional Court and the Court of Cassation unhesitatingly condemn the surrogate motherhood: recourse to the practice should therefore be discouraged in any way and the signatories of the proposal are certainly of this opinion. But by proposing a quick, painless and virtually guaranteed solution -a quasi-automatics- the law would instead encourage the use of Gpa, thereby increasing the number of girls and boys born in this way (while the universal offence law, if also passed in the Senate, would inevitably be followed by a collapse in these births).

For these reasons, we do not agree with the PD bill, which is more functional to 'reasonably' oppose the uterus for rent law as a universal crime that to counter the use of Gpa.

But the real goal remains this.

Marina Terragni

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