Rainbow families, registrations denied to children: that’s why we need a law

Registered only as a child of the biological mother. Because the Italian law does not provide for the possibility of having him registered as the child of both mothers. The story is that of a child born in Paris with assisted reproduction by a married couple of women, an Italian and a French citizen. TO Rome registration in the registry office can only be done halfway. When the couple presented themselves for the transcription of the child’s birth certificate, the only name entered was that of the biological mother.

From the Capitol they reiterated that there was no rejection. “The offices were in fact able to proceed only with the partial transcription of the deed in application of a clear circular from the Ministry of the Interior which expressly prescribes that it is possible to proceed with the transcription only partial of a foreign provision declaring the parenting relationship of couples of the same sex”.

This case is from a couple of days ago. A few weeks ago the the municipality of Turin interrupted the transcriptions in the registry office of the children of same-parent couples. Mayor Stefano Lo Russo complied with existing rules after a communication from the prefect that any registration constitutes a violation of the law.

It is not just these two cases. There are many others, not all the same: the different paths of the transcription of documents from foreign countries and exclusively Italian documents first and then the different paths for maternity and parenthood not allowed in Italy. For this, in the first place, we need a law that does not exist for now: to regulate a reality and give rights to children who have fewer than others.

Currently the Law 40 allows heterosexual couples who cannot have children to access medically assisted procreation. However, some mayors have created registers with the possibility of entering the name of both parents of the same sex. In one of these registers there is also the name of Luigi (fictional) first recognized by the biological mother and then by the affective one with the consent of the first. But what happens when the romantic relationship between the two women is interrupted? In this case, the biological mother has brought her child back to her hometown and the loving mother has asked for her return and exclusive custody based on her certificate that she identifies as a mother.

The Ministry of Interior does not accept the certificate with double maternity, but is beaten twice in court by the municipality that made the registration which confirms the legitimacy of the certificate to maintain the interest of the minor. The biological mother says she no longer recognizes the other as a partner and explains that Italy does not recognize this maternity and the certificate has no value for the recognition of the status of mother.

The court of Milan he questions the parenting capacity of the biological mother and asks for a ctu, an official technical advice, on the parenting of both mothers. Both mothers are valid attendances according to the counseling and says the affective mother’s presence must be maintained. All suspended, however, after the release of the sentence of the Supreme Court that accepts the appeal of the Ministry for which there is no alternative parenting in Italy that of the law.

“The Constitutional Court has invited the legislator to legislate for the protection of the child. While waiting for this legislation, the Court of Cassation has charged the joint sections. What is still needed for a law to arrive? There is the path of special adoption which provides for the consent of the biological parent, but how can it be renewed if the couple no longer exists? ” says the lawyer Maria Grazia Di Nella who explained some of these cases to us.

That a law is needed is evident from the amount of events that are going through the courts and from the continuous judgments of the Constitutional Court. The latest are from January 28 and the reasons have arrived a few days ago. For the Consult the stepchild adotpionthe adoption of the cohabitant’s child is not enough as recognition: a stronger recognition is needed that makes the children of same-parent couples have two full-fledged parents.