Twin boys born to a same-sex couple through surrogacy do not have the legal status of brothers, an Italian court has ruled. The fathers – who both provided sperm – have, however, each been allowed to become the legal parent of their own biological child. The boys were born in California, where surrogacy is legal. But when their fathers brought them back to Italy a registry office clerk in Milan refused to grant their birth certificates because making or advertising surrogacy arrangements is illegal under Italian law. This effectively denied the children Italian nationality and their fathers’ parental rights, leading the fathers to sue the civil registry. The couple’s request was originally denied but upheld on appeal. Despite recognising each father as the legal parent of their own child, the twins cannot be recognised as the couple’s children and their fathers could not adopt each other’s son as same-sex couples cannot adopt in Italy. For more on this issue, read the special edition CRINmail on surrogacy and children’s rights.
Bron: Nieuwsbrief CRIN (Childs Rights International Network)