Open letter to the Mayor of Milan and his council: this is why the "two fathers" should not be transcribed
The transcription of birth certificates of children born from rented wombs circumvents the prohibition on the practice, makes a private interest - based on a commercial contract - prevail over the public interest, and authorizes the father to blatantly lie about the status filiationis - if If she did so, a mother would be prosecuted for forgery of a public document. Are we therefore unequal before the law in violation of Article 3 of the Constitution?

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WITH REGARD TO THE RECENT SENTENCES OF THE COURT OF MILAN WHICH ORDER THE TRANSCRIPTION OF BIRTH RECORDS CARRIED OUT ABROAD CONCERNING CHILDREN BORN FROM WOMTES IN RENTAL BY THE WILL OF COUPLES OF MALE

TO THE MAYOR OF MILAN BEPPE SALA

TO THE MILAN COUNCIL

and pc A ELENA LATTUADA, MAYOR'S EQUAL OPPORTUNITIES DELEGATE

given that

The use of a rented uterus or surrogate motherhood is a crime almost all over the world: the practice is in fact allowed only in around twenty nations out of over 200.

In Italy the prohibition is expressed by law 40 - art. 12, paragraph 6 - and reiterated by the Constitutional Court (ruling 272/2017): ruling in which, in addition to reaffirming that surrogacy «it offends the dignity of women in an intolerable way and profoundly undermines human relationships», as for transcriptions of the birth certificates of these children claims that “cannot be contrasted with favor truth The favor minors, since false recognition undermines the minor's right to their own identity”.

Also in reference to this ruling, in 2019 the Court of Cassation denied the possibility of transcribing the provision issued by a foreign judge in the Italian civil status registers which recognized as the father the partner of the biological parent of a child born from a rented womb, indicating the so-called adoption in particular cases as a possible path to filiation.

Subsequently the Constitutional Court (sentence 33/2021) indicated as "the identification of solutions capable of remedying the current situation of insufficient protection of the minor's interests cannot be postponed”, inviting the legislator to pronounce on the matter, a pronouncement that has not yet been achieved.

Based on this latest ruling the Court of Milan recently stated that, as the regulatory gap persists, the Municipality of Milan is required to transcribe the birth certificate of a child born abroad from a rented womb by the will of two men, as it is not necessary to resort to adoption "because the parental relationship is established directly with the intentional parent” (?).

The transcription orders from the Court would be 2.

As Network for the Inviolability of the Female Body (RadFem Italia, Udi, Arcilesbica, Se Non Ora Quando Sister and many other national groups, international associations such as Women's Human Rights Campaign and CIAMS and hundreds of individuals, including Luisa Muraro and others of Milan Women's Bookshop) in 2019 we have already brought the issue of the inappropriateness of these transcriptions to the attention of the Milan City Council, obtaining their stop, and indicating the path to adoption in particular cases. A few weeks later the ruling of the United Sections of the Supreme Court agreed with us and supported the Milan Council in its choice.

Today let's ask again

to the Municipality of Milan that continues to resist these injunctions, which we judge to be completely arbitrary and which would further encourage the use of the practice of renting a uterus - which, let us underline again, in Italy and practically throughout the world is a serious crime - facilitating the process.

In particular we observe that by complying with the requests of the Court the Municipality would agree to let a private interest prevail over the public interest - on the basis of a commercial contract, which is what is stated by the law and reiterated by the above sentences.

We would also like to underline that the transcription of this birth certificate would constitute an open violation of the art. 3 of the Constitution which requires us to be equal before the law, and which as such would be appealable.

In fact, if a woman lied to the Civil Registry, even "for the good of the child", about the biological paternity of her child, she would be prosecuted for forgery of a public document.

Imprisonment [five to fifteen years] is applied to anyone, in the preparation of a birth certificate, alters the marital status of a newborn, through false certifications, false attestations or other falsehoods" (art. 567 Criminal Code).

As mentioned, the aforementioned ruling 272/2017 of the Constitutional Court reiterates this where it states "cannot be contrasted with favor truth The favor minors, since false recognition undermines the minor's right to their own identity”.

In the case of the "two fathers" the lie is self-evident: the biological father indicates another man as the father, which is impossible -or as a mother a woman who is not. But based on the provisions of the Court of Milan not only should he not be prosecuted, but on the contrary it should even be recognized in the exercise of its "special" right (based, let us reiterate, on a private commercial contract).

A right that is therefore configured as misogynistically unequal: the mother is always required to tell the truth about the origins of the child, an obligation from which the father is instead exempted from a rented womb.

We therefore propose, paradoxically, that if the Municipality of Milan were to comply with the Court's ruling, based on art. 3 of the Constitution the possibility of lying about status filiationis be allowed to everyone, especially to ALL, decriminalizing the forgery of public documents.

Network for the Inviolability of the Female Body


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