VGS-family-lawyers
London

+44 2039665531

Milan

+39 0250043613

  • Home
  • Who we are
  • Practice Areas
    • Separation and Divorce
      • Divorce Lawyers in Italy
      • Child Custody
      • Alimony
    • Inheritance
      • Italian Inheritance and Succession
      • Probate and Contested Probate
      • Wills
    • Tax
      • Asset Protection
      • Estate Planning and Management
      • Trust
    • Relocation
      • Italy Real Estate Legal Advice
    • Criminal Law
      • Stalking
      • Defamation
      • Domestic Violence
    • Juvenile Law
      • Adoption
      • Child Abduction
      • Stepchild Adoption
    • Personal Injury
      • Product Liability
      • Road Accident
  • People
    • Avv. Valentina Giarrusso
    • Avv. Giuliana Marchese
    • Avv. Federica Cicero
    • Avv. Stefania Calandra
    • Avv. Francesco Di Leonardo
    • Avv. Manlio Beninati
    • Avv. Antonio Petrin
    • Avv. Enrico Filpi
    • Dr. Fabrizio Di Patti
    • Dr. Roberta De Simone
    • Dr. Mirko Graditi
  • News & Blog
  • Discounted online consultation

Foreign surrogacy and transcription in Italy

  • by VGS' Editorial Board
  • 28 November 2019
  • Comments (0)

Surrogacy is the medical practice consisting on male gamete plantation within a third woman uterus, which is committed to go through her pregnancy on behalf of the future parents. Such Medical practice is legitimate is some foreign countries while in Italy it is against unborn child constitutional and moral principles. It seems questionable if such practice should be allowed or refused by rule of law and public opinion.

 

The main issue involves a very relevant question: In its accomplishment, may parenthood desire involve third subjects?

 

This was the corner aspect faced by Italian Cassation Court. In particular, whether or not, the transcription of birth certificate of a child obtained thanks to the surrogacy. In fact, within those countries where surrogacy is accepted, birth certificate indicates future parents as mother and father. However, in Italy, due to the lack of biologic link, only the woman who went through the pregnancy is entitled to be mother, while the other woman may only be recognised as adoptive mother.

 

Italian Cassation Court has stated that surrogacy undermines both woman dignity and human relations. (Sentence N. 12193) However, based on EU case law, it has been also confirmed that a valid foreign birth certificate can be transcribed within Italian registers. In fact, even though surrogacy is a forbidden practice in Italy, it cannot be claim it is against public policy.  

 

 

  • ItalianFamilyLaw
  • Parenthood
  • Surrogacy
  • Share:
Previous Article: Extortion offence: Italian Cassation Court states interpretation guidelines
Next Article Italian Inheritance shares in the context of intestate succession

Practice Areas

  • Divorce Lawyers in Italy
  • Tax
  • Relocation
  • Italian Inheritance and Succession
  • Criminal Law
  • Juvenile Law
  • Personal Injury

Contact Us Now

    Tags

    Adultery Alimony Child Maintenance Child Support Compensation Coronavirus Former Spouse Infidelity Italian Adoption Italian Alimony Italian Allowance Italian Child Custody Italian Child Maintenance Italian Child Support Italian Contracts Italian Criminal Law Italian Divorce Italian Divorce Judgment Italian Family House Italian Family Law Italian Family Mediation Italian Inheritance Italian Legal Advice Italian Marriage Italian Medical Malpractice Italian Minor Italian Personal Injury Italian Property Italian Property Transfer Italian Real Estate Italian Residents Italian Separation Italian Shared Custody Italian Stepchild Adoption Italian Tax Italian Will Legal guide Parenthood Personal data Relocation in Italy Road Accident Sole Custody Stalking Supreme Court Visiting Rights

    Social Links

    • Facebook
    • Instagram
    • Twitter

    See also:

    VGS Lawyers

    VGS - Corporate Lawyers

    © Copyright 2022 | VGS - Italian Family Lawyers | All right reserved.