The Court has ordered the Council of Milan to fully register so, to fully recognise, the American birth certificate “with two fathers” of a child born thanks to surrogate motherhood from a couple of an Italian and his American partner .
The judges, based on the decision of the Constitutional Court in January, rejected the refusal of the council to recognise the baby as a child of both fathers.
They have also reopened the issue of protecting the children of gay couples.
Before 2020, some councils had started to register some children at birth, obtained with heterologous fertilization, of lesbian couples. But, after the ruling of the United Sections Court of Cassation which indicated “adoption in special cases” as the privileged way for the recognition of the children of gays and lesbians, they had stopped (except for sporadic cases for media purposes).
But what is an adoption in special circumstances, also called “stepchild adoption”?
It is a particular process which would like to protect the baby now born, even if was born using practices that are often illegal. This adoption takes place by order of a judge, after an investigation with an expert opinion of the social services, and provides for limited rights / duties with respect to full parenthood.
But this method obviously clashes with the selfish mentality of those who decide to get to buy a baby with surrogacy.
Hence, the lobby in favour of this practice continues to push for it to be considered “normal”, indeed, a gesture of love.
Consenting judges then give sentences like treats, taking advantage of the inaction of the Parliament which does not legislate adequately to protect that certain facts do not happen anymore because, remember, surrogacy in Italy is a crime!
Let us never forget that it is therefore from a crime that the need arises to protect children who, obviously, are not guilty of what their parents did.
But in fact, as victims, the “buyers” themselves are turning them into weapons … weapons to be used to break down awkward laws.
By proposing to public opinion these creatures as destined to live a second-class life, we want to convey the concept that, recognising both “buyers” as parents immediately upon arrival in Italy from the country where the crime was committed, one it simply fulfills the happy ending to complete a love story.
So here we are today to witness the materialization of all this. the Court of Milan has in fact sanctioned that, even in the absence of a specific law of the Parliament, the deed must be transcribed and recognized in full because, in the case of minors, “their protection cannot be suspended indefinitely, while waiting for the legislator to change the legislation “, given that the Constitutional Court has” in fact refuted the sentence of the Supreme Court at United Sections “which considered the child born of surrogacy” adequately protected by adoption in particular cases “. As we said, the judges specify that it must be guaranteed as a “subject certainly” innocent “with respect to the choices made by those who contributed to his birth”, even when they include an illegal practice in Italy such as surrogacy.
The lawyer Alexander Schuster of Trento, the couple’s lawyer, was therefore satisfied: “Pending the law, children must be protected immediately and this is the way”.
But we allow ourselves to disagree. The road cannot and must not be this!
If, on the one hand, it is true that the child has no faults and deserves to have a family, is it not equally true that if there was certainty of the penalty and an adequate fine, this race to manufacture children out of selfishness would no longer exist?
As Steadfast we have always been at the forefront against the use of surrogacy and we ask, more and more firmly, for its international ban.