Ruling threatens Italian outbound surrogacy travel

 

The article says that, according to The Local, the same-sex couple had their children in Canada with the help of a surrogate and an egg donor. Despite both men being listed as the legal parents on the children's Canadian birth certificates, Italy's Court of Cassation ruled that only the genetic father could be listed as the children's legal parent in Italy, overturning a 2017 lower court decision in the couple's favour.

The court said that its decision was made in order to 'protect the dignity of pregnant women and the institution of adoption'. The ruling means that the father whose sperm was not used will have to apply for adoption in order to become his children's legal parent.

Italian laws around the use of assisted conception and surrogacy are some of the most restrictive in Europe. Surrogacy is illegal in the country and while same-sex civil partnerships are now permitted, the legal status of same-sex adoption is unclear. Italian legislation appears to restrict adoption to married heterosexual couples, however, a number of court decisions have permitted same-sex adoption in the child's 'best interests'.

The couple's lawyer, Alexander Schuster, said that since the wording of the decision applies to the non-genetic parent of any child born through surrogacy regardless of sexual orientation, the court's ruling could have wider implications for all Italian couples involved in surrogacy using donor gametes.

Schuster added that any appeal made by the couple to the European Court of Human Rights by the couple would have a 'high probability of success', although it is not clear at this stage if the couple intends to do so.

The European Court of Human Rights has previously criticised the Italian government for removing a child born through surrogacy in Russia from the parents and ordered it to pay compensation.

Advertisement

ADD A NEWS ITEM

Do you have some news or a press release that you’d like to share with the medical travel industry?

Publish for FREE on IMTJ.

ADD NEWS

Related News

Medical travel visas to Ukraine?

19 August, 2019

Ukraine’s President encourages medical tourism

Surrogacy tourism challenge

14 August, 2019

Surrogate baby denied US citizenship

Vietnam healthcare landscape

08 August, 2019

Mistrust in Vietnam healthcare still driving patients to Thailand

Czech Republic inbound medical travel

08 August, 2019

Nearly 20,000 international patients visited in 2018

Iran health tourism stats 2019

07 August, 2019

600,000 health tourists to Iran from Mar-July