Foreign surrogacy and transcription in Italy
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.