Stoats: “It conflicts with the ban on surrogacy”
In Italy, the transcription in civil registers of the provision that recognizes the filiation relationship between a minor conceived with the technique is prohibited surrogate motherhood and a person who has no biological relationship with him.
This was decided by the united sections of the Court of Cassation That, through a ruling today, they rejected the application for recognition of the provision which recognized them as children of one homosexual couple two minors, conceived through assisted procreation. One of the two members of the couple, Indeed, he had conceived his children with the help of two women, one who had made her eggs available and the other who had continued the gestation.
The Court explained that recognizing the filiation relationship with the member of the couple who did not participate in the procreation of the children, “would conflict with the ban on surrogacy“, established by the article 12 of the law 40 of the 2004, which regulates assisted procreation. According to the stoats, this provision represents “a principle of public order, placed to protect the dignity of the pregnant woman and the institution of adoption“.The recognition of the filiation relationship should occur in a compatible manner “with public order“, which must be evaluated “in the same way not only as the fundamental principles of the Constitution and those consecrated in international and supranational sources, but also of the way in which they have been implemented in ordinary legislation, as well as the interpretation provided by jurisprudence”. In this case, the recognition of father and son relationship between the member of the homosexual couple who did not participate in procreation and the minor, conflicts with the prohibiting rule, in Italy, surrogate motherhood, which the couple used to give birth to their children.
The Supreme Court ruling, but, specifies that “the values ​​protected by the aforementioned ban, deemed by the legislator to prevail over the interests of the minor, they do not exclude the possibility of attributing importance to the parental relationship, through the use of other legal instruments, such as adoption in particular cases“.
source – http://www.ilgiornale.it/news/cronache/bimbi-due-pap-no-cassazione-trascrizione-italia-1691008.html?mobile_detect=false