An Italian city in the northern region of Padua has recently taken steps to remove the names of non-biological mothers of same-sex couples from children’s birth certificates. This decision is in accordance with the existing laws of the country, as Italy has not granted full adoption rights to same-sex couples due to concerns about surrogacy. In June, a prosecutor from Padua, Valeria Sanzari, initiated a lawsuit to cancel the birth certificates of 33 children born to lesbian couples who had undergone artificial insemination abroad. The names of 27 non-biological mothers have already been removed from birth certificates as of Thursday, according to the prosecutor’s office.
This move has sparked backlash from the LGBT community and its supporters, although the government has expressed its support for Sanzari’s case. Luca Ciriani, the minister for parliamentary relations, stated in an interview that Italy only recognizes marriage between a man and a woman, and therefore only the biological parent’s surname can be registered on the birth certificate. Padua is the first city in Italy to retroactively cancel birth certificates, and similar actions may be adopted in other parts of the country.
Italy does not allow same-sex marriages but only civil unions, and the non-biological parent of a same-sex couple must make a special case to adopt their partner’s child. Once the non-biological parent’s name is removed from the birth certificate, they will lose regular parental rights such as picking up their children from school and may face custody challenges if the biological parent passes away.
Padua’s removal of non-biological mothers from birth certificates follows the government’s instructions to municipal officials to only record the biological parent in a same-sex relationship when registering births, not the other parent. Critics argue that this policy violates the rights of LGBT individuals and children.
The Italian government is also seeking to tighten surrogacy laws, with proposed legislation extending the national ban on surrogacy to couples who utilize such services outside of Italy. Violators may face fines exceeding $1 million and jail time. Equal Opportunities and Family Minister Eugenia Roccella has questioned the moral basis for surrogacy, expressing concerns about commodification and exploitation of women’s bodies. She referred to surrogacy as a “children’s market” and emphasized that it is illegal in Italy, including its promotion.
Despite criticisms and protests, some members of the government, such as Carlo Fidanza, argue that the current actions are in line with Italian legislation and the rulings of the Supreme Court of Cassation, the highest court in Italy’s judicial system. The government maintains that it is not reducing LGBT rights or attacking children’s rights, but rather upholding the existing laws of the country.