The Padua Prosecutor's Office sent a communication to some 33 families made up of two mothers so that the non-pregnant woman be removed from the register retroactively
More than 3rd families formed by two mothers in the province of Padua They have just received a notification from the court informing them that the Prosecution He has requested that the birth certificates of his children, some even older than five years, be modified so that the reference to the non-biological mother as the second parent is eliminated.
The measure not only affects new registrations, but is carried out retroactive, since it affects the registration of children of lesbian couples from the year 2017. The court must decide next November if the children lose one of the parents for legal purposes.
Some of the children are already quite old and one of the mothers will lose all legal rights to them. For example, in one of the cases of a six-year-old girl, who has already gone through nursery school normally, if the court decides to accept the Prosecutor's appeal, one of the mothers will need a sworn authorization to pick her up from school, You will not be able to sign a permit for the girl to go on a school excursion or a form to get vaccinated and you will not be able to travel alone with her, among many other things. The children will also lose the legal recognition of their brothers, uncles, cousins and grandparents by said mother.
These are children of couples with two mothers, registered from 2017 to date by the mayor of the city, Sergio Giordaniof the center-left coalition. Babies were recognized in their day in Italy as children of both mothers after being conceived abroad with heterologous assisted fertilization, which is performed with male gametes from a donor.
May spread to other regions
The resolution adopted in Padua It can be extended to other locations in the country. In Italy, the power to register births and registrations is in the hands of the municipalities, so the mayors are in charge of carrying out the registration. The mayor of Padua, like many others in Italy, has registered the children of same-sex couples, although there is a legal vacuum in the country on how to register these births.
«I am calm and convinced of the decisions made. Since 2017 I register the birth certificates of girls and boys sons of two mothers. It is an act of responsibility towards the little ones because I do not accept that they are discriminated"said the councilor of Padova, Sergio Giordani, to Italian media.
En Italy there is legal gibberish in relation to the registration of minor children of same-sex couples. In 2016, with a progressive government, Parliament approved a law on civil unions that marked a milestone in the fight for rlegal recognition of homosexual families. However, the law contains restrictive measures on adoption and on the registration of children from same-sex families.
Over the past few years, mayors and courts have accepted the registration of both parents to protect minors. However, since the arrival of the Italian and Meloni brothers to the Government, the measures have been activated against the LGTBI collective.
«There is a very serious legal vacuum that Parliament should legislate. Until now, it has not done so, although many fellow mayors from different parties have requested it. I ask the political forces to put aside the ideological battle and think of children", the councilor of Padova, Sergio Giordani.
After knowing the communication of the Prosecution, the minister of parliamentary relations, Luca CirianiHe told a radio station that "in Italy, marriage is only between a man and a woman and therefore only the biological parent is the parent whose last name can be registered«.
Emotional and bureaucratic effects
The resolution has both emotional and bureaucratic effects. On the one hand, it eliminates the last name of the second parent, so even siblings would have different last names. And on the other, it strips the non-pregnant mother and the rest of her family of rights.
Actions as daily as picking up the children from school, deciding on medical treatments or staying with the children in the event of the death of the surrogate parent will be impossible if the measure is finally carried out. The option left to these families is to adopt their own children, a process that is long and tortuous.
The letter from the Prosecutor's Office now has to go through a court, which will be in charge of reviewing the case and ordering the measure. The first family that received the letter has a date of presentation in a civil court the next day November 11th.
This is a couple in their 40s who got married outside the country and in 2017 registered a daughter together who is about to turn six. These women already had another child by one of them and the brothers share last names. The Prosecutor's decision assumes that only the biological mother will be considered as such and that the minor must change her second surname.
«It is not just about repercussions on social life, but repercussions on one's own identity, a fundamental right until proven otherwise. A personal trauma in a delicate phase of development, due to the fact of no longer having a brother and a mother“, one of the parents has declared to Italian media.