Lgbt, Giuliano Amato: “Recognizing the children of two mothers is constitutional”
”Where there is no surrogacy, in female same-sex couples I see no obstacles to the recognition of full parenthood even the non-biological mother. Basically, in law, there should be two mothers”. Giuliano Amato, president emeritus of the Constitutional Court, says so in an interview with Repubblica.
In the case of children of two mothers, ”I personally see no obstacles to the recognition of full parenthood even of the non-biological mother. That child is the fruit of the will of two women, he was raised by both, so he can be the son of the two mothers. Why not recognize this right also to the non-biological mother? However, the Constitutional Court has not yet said so. And the law in force in Italy on artificial insemination authorizes heterologous only for heterosexual couples. I ask a question, which is valid where there is no recourse to surrogacy. This question still awaits an answer”.
As for the risk that the surrogate’s children could become the new ”illegitimate children”, Amato underlines: ”We love strong words, but “illegitimate” seems to me an inappropriate term. They are not illegitimate children, not even remotely comparable to the unacknowledged children of yore, since they can be adopted by intended parents. The point is that adoption as understood today is a very flawed machine. And the Court, which has also improved it, has repeatedly invited Parliament to intervene, an appeal that has so far gone unheeded”. Net rejection for the proposal for an amnesty launched by Minister Roccella. ”No, children are not building abuses, as has already been said. The treatment most suited to their interests must be defined, in the various situations. Point”.
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