L’atto di nascita del figlio concepito mediante fecondazione eterologa effettuata all’estero da una coppia di donne

Di Stefania Flore -

With two judgments, one rendered shortly after the other, the Supreme Court addresses, for the first time, the issue of the content of the birth certificate drawn up on the occasion of a birth in Italy, but following a conception abroad by means of heterologous fertilization requested by two women. Having cleared the field of precedents relating to the transcription of the birth certificate or of the foreign measures certifying double maternity, the Supreme Court states that, applying domestic law, the necessary conclusion is to exclude the possibility to fill out a birth certificate indicating as a parent not only the woman who gave birth, but also the so-called intended parent. This is because a systematically oriented interpretation of the articles 8 and 9 of the Law no. 40/2004 requires that their application should not be extended to heterologous fertilization carried out by couples formed by persons of the same sex.