A complaint against Beppe Sala
The mayor of Milan has unilaterally decided to register the birth certificates of children "of same-parent couples", including those born from rented wombs, a practice which in Italy is a crime and which Europe also stigmatizes as exploitation. Faced with the refusal of any political confrontation, the Network for the Inviolability of the Female Body turns to the judiciary to evaluate a possible violation of the law: the registry, in fact, is the strict responsibility of the central State

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Last July 2, 2022 on the occasion of Gay Pride the mayor of Milan Beppe Sala announced publicly from the stage of the event to have "recognition of children born in Italy to same-parent couples was reactivated yesterday. It was with great joy that I personally signed yesterday in my office” adding that “Milan wants to be the capital of rights and duties!”.

The practice of renting a uterus - or gestation for others - cannot in any way be considered a right. In Italy it is in fact a crime pursuant to law 40/2004 (art. 12, paragraph 6): “Whoever, in any form, carries out, organizes or advertises the marketing of gametes or embryos or maternity surrogacy is punished with imprisonment from three months to two years and with a fine from 600,000 to one million euros”.

All subsequent sentences on the matter unequivocally reiterate the prohibition and condemnation without exception of gestation for others, a practice to which a «high degree of disvalue» as «it offends the dignity of women in an intolerable way and profoundly undermines human relationships» (Constitutional Court, ruling 272/2017).

Last May one resolution of the European Parliament reiterated and strengthened the condemnation of practice "which can expose women all over the world to exploitation, particularly the poorest and in vulnerable situations and requested the Union and member states to analyse “the size of this industry” and above all of to introduce "binding measures aimed at combating surrogacy, protecting the rights of women and newborns”.

The Italian State does not recognize birth certificates issued abroad of children born through this practice as they are contrary to public order, regardless of whether it is undertaken by heterosexual or homosexual couples, as well as the birth certificates of children born on the initiative of female couples using assisted fertilization techniques: for the partner of the biological parent it is the path to adoption is indicated in particular cases (United Sections of Cassation, sentence 12193/2019) today fully legitimizing.

However, in the absence of national legislation ad hoc as well as precise directives from the Ministry of the Interior, these deeds are sometimes registered on the autonomous initiative of local administrations, creating a patchy situation: if the Prefecture of Turin recently blocked the mayor's initiative to transcribe these documents, there are no similar initiatives from the Milan Prefecture which apparently has not yet expressed its opinion regarding the initiative of the mayor of Milan.

Beppe Sala's autonomous decision seems to go beyond the municipal powers and tasks conferred on him as Mayor. Pursuant to art. 117 of the Constitution, in fact, the State holds the power of EXCLUSIVE legislation "in matters of citizenship, marital status, registry office".

It is not currently known how many birth certificates of children of "homoparental couples" have been registered by the Milan registry office, nor how many of these birth certificates concern newborns born from rented wombs.

Although normally oriented towards the search for political solutions, having noted the impossibility of a confrontation with the mayor of Milan regarding his unilateral initiative, as the Network for the Inviolability of the Female Body we see no other way than to turn to the judiciary with a complaint to the Public Prosecutor's Office at the Ordinary Court of Milan to evaluate the possible existence of one or more types of crime, and in this case it decides to criminally prosecute the responsible parties, including first and foremost the mayor Beppe Sala.

Expressing theI hope that Parliament will legislate finally unequivocally on the matter, keeping firmly in mind the point that the child's first interest (for whose protection, it is claimed, these birth certificates are registered) is rather that of not to be made a market object, not to be separated at birth from the mother who gave birth to him and to know the truth about his origins; underlining that any mother who falsely declares the paternity of her child is subject to prosecution for forgery in a public document, therefore the treatment reserved for same-parent couples would be considered "unequal" in conflict with the art. 3 of the Constitution that we need to be equal before the law; keeping in mind that the full registration of these birth certificates taken abroad effectively removes a significant obstacle to resorting to the practice of renting a womb, indeed ending up normalizing and encouraging it, we confidently await a ruling from the judiciary.


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