EU regulation on children of gay couples rejected: what does it mean for children’s rights?

The children of gay couples they see the possibility of acquiring a right receding. The proposal for a regulation which provides for the creation of a European certificate of filiation it was rejected by the European Policies Commission of the Senate. With 11 votes in favour, the resolution presented by the Brothers of Italy was approved which instructs the government to veto the European Council on this issue. The Commission chaired by former Foreign Minister Giulio Terzi di Sant’Agata has rejected the resolutions of the opposition presented by Pd, M5S and Third Pole.

The regulation plans to standardize the procedures for recognizing children in all states of the Union: children born into same-parent families in any European state would automatically be recognized as children of both parents in their own country as well thanks to the certificate.

In Italy there is currently no law regulating the recognition of the children of same-parent couples: a path of adoption by the non-biological parent or the transcription chosen by some mayors which is however now blocked by a sentence of the Cassation.

The resolution passed in the Senate says that this certificate would violate the principle of subsidiarity, it would be an interference of the European institutions in matters falling within Italy’s competenceand there is a fear in the majority that approving the proposed regulation would imply legitimize forms of procreation that are prohibited in Italylike the gestation for others, even if during the hearing there were interventions such as that of the Ombudsman for Childhood which would have excluded consequences of this kind.

The regulation is still being approved in Europe and this vote does not automatically change its fate, but it clearly indicates the line that the majority in government in Italy wants. «No to surrogacy and surrogate uterus. The resolution reiterates our clear opposition to these unacceptable practices,” said Forza Italia senators Maurizio Gasparri and Pierantonio Zanettin. On the other side Tatjana Rojc, leader of the Democratic Party in the commission, explains: «We have tried in every way to prevent the rights of minors from being affected, but the majority did not want to listen, closed in on their ideological approach. Let’s create a very serious precedent. With this approach, it is difficult to go to Brussels asking for openings on other things».

However, not having the certificate deprives many families of the possibility of being legally legitimized (the journey through the adoption court is long and expensive) and limits the rights of minors. These children do not see one of the two parents recognized on papers, in administrative, inheritance, health and many other fields.

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