Lesbian mothers receive legal status through IVF judgment in Italy
Lesbian mothers receive legal status through IVF judgment in Italy
On Thursday, the constitutional court decided that same-sex female couples who carried out an in-vitro fertilization (IVF) abroad can be legally recognized in Italy as parents, even if one of the partners is not the biological mother.
greeting by LGBT groups
This judgment is expected to be celebrated by Italian LGBT groups, which several times in conflict with the Conservative from Prime Minister Giorgia Meloni . Meloni openly explained as the opponent of what she and her allies call the "LGBT lobby".
constitutional principles and children's rights
The court decided that to recognize the non-biological mother Constitutional principles of equality and personal identity violates and violated the rights of the child to support, upbringing and emotional continuity.
important step towards equality
With this decision, part of a law of 2004 is canceled that did not allow both women to be entered as legal mothers in a same -sex partnership, even if both had agreed to the procedure.
Marilena Grassadonia, an LGBT rights activist of the Italian left-out opposition, commented on the judgment as a "historical day", which restores "dignity and serenity for the many rainbow families that live in our country."
legal uncertainty and different judgments
The case was initiated by a court in the Tuscan city of Lucca, which questioned the legality of the refusal of "complete double parenting" in a case of a lesbian partnership. The judges found that the ambiguity of the law had led to contradictory judgments in different courts. This has meant that individual mayors who are responsible for the registry office in their communities have made different decisions in comparable cases.
In some cases, both mothers were noted on the child's birth certificate, in others the non-biological mother was excluded. "These different results reflect a changing social reality that the legislator has not yet reacted to," said the judicial transfer.step towards LGBTQ parent rights
Although the judgment has not changed the current restrictions for access to IVF in Italy, which is still only heterosexual couples reserved, it also marks a progress in the direction of recognition of parental rights from LGBTQ persons.
political perspectives
In another judgment, which was also published on Thursday, the constitutional court said that the regulations that single women deny access to IVF were not unconstitutional. However, they could be changed if a political will arise in parliament.
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