The family section of the Civil Court of Appeal of Milan accepted the appeal of the Milanese Prosecutor's Office against the decrees of the Court which, on 23 June, effectively considered valid the transcriptions of the recognitions of the children of three couples of women, born through procreation assisted carried out abroad.
The judges of second instance, therefore, declared the entries "in the Register of birth certificates of the child's double motherhood" to be illegitimate.
Currently "in our legal system there is no rule that provides for the possibility for the intended parent", i.e. the non-biological one, to "have the recognition of the minor born in Italy noted in the birth certificate" with assisted fertilization abroad and "the creation of a birth certificate indicating two people of the same sex as parents is not permitted", writes the Court of Appeal of Milan in one of the three decrees with which, accepting the prosecutor's appeal, it orders "the State official civil" the rectification of the birth certificates of the children of three couples of women, who had registered the "double maternity of the children", i.e. the names of both women.
In support of their decision, the judges of second instance cite jurisprudence from the Supreme Court of Cassation, but also from the Constitutional Court, in 15 pages of the provision.
The court "recognizes that the matter in question requires the intervention of the Legislator, the only subject capable of implementing a complex regulatory plan suitable for correctly defining the rights of the subjects involved in medically assisted human procreative affairs, achieving the balance of rights of constitutional rank which must not come into conflict with each other, including those of the unborn child, a subject capable of rights, in his being and in his becoming".
The lawyer of a couple: "The children see one of the two mothers erased"
The "decision of the Court of Appeal is doubly short-sighted", "in law because it does not confirm the correct legal reconstruction of the first instance of the Court of Milan" and then "also with respect to the interests of the minor which in fact are canceled with this decision one of his two mothers, who loved him strongly and who took care of him from the first moment."
This is the comment of the lawyer Michele Giarratano, lawyer of one of the female couples.
The lawyer clarified that it will now be necessary to evaluate whether to appeal the provision to the Court of Cassation, also because his clients are "rightly very tired" from the situation they have had to experience.
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