The European Court condemns Italy: “Violated rights of a child born from gestation for others”

He is four years old, but has no identity documents, no health card, no access to public health and education. A baby girl born with gestation for others in 2019, in Ukraine, was made stateless because the Italian State has prevented the legal recognition of his filiation relationship with the biological father.

The European Court of Human Rights found Italy guilty of violating the right to family and private life of the little girl, who came to light thanks to the use of a heterosexual couple to give birth to others. The Italian authorities will then have to pay to the child 15,000 euros for moral damages and 9,536 for legal expenses supported by the biological father and the intended mother.

The case was presented to the Strasbourg Court in September 2021 by the biological father and the intended mother of the child, after the registry offices and the Italian courts have repeatedly denied legal recognition of the link with the little girl. “The refusal of the national authorities to recognize her biological father and intended mother as her parents, on the one hand, and the fact that she did not have citizenship, on the other”, the appeal reads, “placed her in one state of great legal uncertainty».

The ruling of the Strasbourg Court recognizes that the little girl “was kept from birth in a state of prolonged uncertainty about her personal identity”, and “the Italian courts have failed to fulfill the obligation to make a quick decision to establish the juridical relationship of the child with the biological father».