For the registry office the mother of the twins of Anghiari (Arezzo) will remain only one, the woman who gave birth to them. The civil section of the Court of Arezzo rejected the appeal of the couple who requested recognition of the filiation relationship also for the other woman, who had undergone artificial insemination, practiced in Spain, with subsequent transfer and implantation of the oocytes on the mate.
Even in the human understanding of the case and of the “concrete parental relationship not only intentional and emotional but also biological between the minors and both applicants”, write the judges of Arezzo, “the need to protect the interests of minors, in the state of the legislation in force, cannot legitimize the court to replace its assessments with those pertaining exclusively to the legislator”.
For the civil section of the Court of Arezzo, all made up of women, there is an empty space to be filled at the regulatory level that orients the decisions of the judiciary with respect to what is new in society on the delicate issue of parenting. As, precisely, the case of same-sex couples who form families, have children with medically assisted fertilization abroad and ask for recognition at home of a status that Italian law does not allow.
In the specific case of Anghiari, the couple is made up of two women who, after ten years of sentimental union, civilly united on June 5, 2021. On June 14 of this year – says the Corriere di Arezzo – one of the two gave birth at the San Donato hospital in Arezzo the twins carried nine months in the womb, after the embryo transfer from the other, who participated in the birth with the artificial fertilization of the ovum. While the growth of the children proceeds with the two mothers exercising their role in harmony, the registrar of the Municipality of Anghiari has opposed the rectification of the birth certificate with the integration of the surname of the intentional mother next to that of the giving birth mother.
He complied with article 4 paragraph 3 of law 40 of 2004. And on this insurmountable pole the appeal proposed by the two women with the lawyer Ramona Borri and discussed with legal arguments of international and human scope was broken. The panel of judges, with president Lucia Faltoni, judge rapporteur and drafter Alessia Caprio, and honorary judge Cristina Colombo, accepted the opposition of the Ministry of the Interior and the Municipality of Anghiari led by the mayor Alessandro Polcri, represented by the lawyer Enrico Maccari . Now the mother of Anghiari not recognized in the birth certificate could try the way of adoption to continue the battle of her and the rainbow couples.
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