Italy was sentenced by the European Court of Human Rights (ECHR) this Thursday due to its refusal to recognize the parentage of a girl born from a surrogate in Ukraine, to which an Italian couple turned. Although the minor is four years old, this has led to her remaining stateless.
(You may be interested: Tragedy in Italy: train hits five railway workers 100 kilometers away).
The ECtHR ruling establishes that the nation should have at least recognized the paternity of the man, who is the biological father. It is also admitted that a similar recognition was not necessary for the woman, since she would have had the option of resorting to adoption to establish a family link with the girl.
As a result of this sentence, Italy will be forced to pay 15,000 euros in moral damages to the girl, on whose behalf the intended parents filed the claim for moral damages. In addition, 9,536 euros will be required to cover legal costs.
(You may be interested: Portugal enacts decriminalization of synthetic drug use: what is it about?).
In 2018, the couple traveled to Ukraine to sign a surrogacy contract, a practice prohibited in Italy. It was there that the girl, known as C., was born in August 2019.
The conception was carried out using the man’s gametes and the egg from an anonymous donor. The European judges stress that the nation violated the minor’s right to a private and family life by not making quick decisions to establish her biological parentage or seek an alternative solution.
At four years old, the little girl has been trapped in “a prolonged state of uncertainty about her personal identity”, and this has led to Italy considering her stateless.
The ECHR stresses that, although each country can decide whether or not to legalize surrogacy, Article 8 of the European Convention on Human Rights requires that the possibility of recognizing the link between a child born from a surrogacy and its father be offered biological.
In relation to the woman, since she is not the biological mother, the court considers that there is a greater margin of appreciation on the part of each State to determine how the link with a child born by surrogate motherhood should be recognized.
More news
They publish a new video of the head of the Wagner Group before he died: “Everything is going well,” he said
Russians look for their dream home in new buildings in Mariupol, a destroyed Ukrainian city
Ukraine faces ‘most powerful’ Russian attack since spring
*This content was made with the assistance of artificial intelligence, based on information from EFE, and was reviewed by the journalist and an editor.
#condemn #Italy #recognizing #girl #born #surrogate #Ukraine