“My unborn baby doesn’t have a name, but she’s been in court before. My partner and I became the first couple in New York to have a document confirming that we are both parents of our future daughter thanks to a new law that protects same-sex families ”. The story is from Arwa Mahdawi, journalist of the Guardian, who explains that she became a mother in an online hearing due to the pandemic.
The reporter says that she and her partner decided which of the two should carry the pregnancy and from then on they made all the decisions together for the daughter.
They chose the sperm donor, together they paid for the insemination, together they went to doctor’s appointments, together they thought of possible names.
“Genetically this child may not be related to me, but, in our hearts and minds, we are parents alike. In the eyes of the law, however, this is more complicated. Even though we are both listed as parents, I, as a non-biological mother, have rights that are not 100% clear. “
Until recently the non-biological mother had to to adopt the child for having recognized his parental rights. It is a slow, expensive and not smoothly possible process. “It is also invasive”, writes Arwa Mahdawi, “because you have to meet the social services, leave the two fingerprints and you cannot start it before the baby is born, removing the possibility of intervening if something happens during the birth.” With the law that came into force in February all this changes. Without the bureaucratic part, we go to the judge who recognizes the position of parent for both. So the unborn child is already his daughter for the law.
Not so in the rest of the world. Among the latest cases brought before the Court of Justice of the EU there is that of two women, one Bulgarian and the other British, from the second the child born in Spain cannot obtain citizenship in the United Kingdom, for the first there is the problem that Bulgaria does not recognize same-sex marriages.
Last January, for the first time, the judges of the Constitutional Court they asked Parliament to legislate to give a form of protection and recognition of the children of same-sex couples. The Consulta wants to protect the children of lesbian couples born through heterologous fertilization, a path that is not possible in Italy, but that many couples undertake abroad.
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