Milan, 22 May (LaPresse) – A mother cannot be prohibited from recognising a child born through medically assisted procreation. This was established by the Constitutional Court in its ruling no. 68, filed today, according to which “it is unconstitutional to prohibit the intended mother from recognising as her own a child born in Italy through medically assisted procreation (MAP) legitimately practised abroad”. The Court considered the questions raised by the Court of Lucca to be well-founded. The Court, after clarifying that the issue does not concern the conditions that legitimise access to MAP in Italy, ruled that the current impediment to a child born in Italy from obtaining, from birth, the status of recognised child of the woman who gave her consent to the fertilisation procedure abroad together with the biological mother does not guarantee the best interests of the child and constitutes a violation of: Article 2 of the Constitution, for the violation of the personal identity of the child and his right to be recognised from birth as having a certain and stable legal status; Article 3 of the Constitution, for the unreasonableness of the current legislation, which is not justified in the absence of a constitutionally recognised countervailing interest; Article 30 of the Constitution, because it infringes the rights of the child to be recognised, from birth and in relation to both parents, the rights connected with parental responsibility and the consequent obligations towards their children.
© Copyright LaPresse
