After the Prefecture of Milan, in application of a judgment of the Court of Cassation, has blocked transcripts of full birth certificates of children born on the initiative of same-sex couples - pointing the way to the transcription of only the biological parent and for his or her partner the stepchild adoption, or adoption in special cases, perfectly legitimising- at the municipality of Milan this would be the case, according to the PD Vice-President of the City Council, Roberta Osculati:
male couples -or at least some couples of men- in arriving in the city with a child born of a surrogate in the USA or Canada, they would choose NOT to transcribe the biological parent either. Therefore, the child would not be transcribed at the Italian registry office, remaining with only the American or Canadian birth certificate that transcribes both the biological parent and his or her partner as fathers.
The logic is 'either both or neither': there is in fact no way, without the couple's consent, to know which of the two is the biological parent.
This implies -in this case yes- that the child does not have the rights of all other children in this country: so would not have a paediatrician or be able to go to school as long as it has not been transcribed at the registry office. If, on the other hand, the biological parent were transcribed, all these rights would be guaranteed.
This form of resistance-fighting, to force the hand of the legislator in order to introduce the automatic transcription of full birth certificates with both fathers, would then take place at the expense of the child.
It is worth remembering that stepchild adoption -recently amended in an ameliorative sense and therefore fully legitimate- was among the demands of the promoters of the civil unions law: back then, it was 2016, it did not find a majority to support it. But now that the Supreme Court has indicated it as the way forward for the children of 'homogenous' couples apparently no longer suffices. In the skin of children.
Marina Terragni
