PEr The many rainbow families of Italy is today a historical day: the sentence number 68 was filed, with which the constitutional judges open a way where the Meloni government had closed every door. Children born from two lesbian mothers, conceived with PMA abroad, can be ricted from both from birth. In 2023 a circular of the Ministry of the Interior Matteo Plantedi had removed one mother out of two from the children of lesbian couples (as in the case of the mothers of Padua). This sentence of the Court gives it back to it.
Life has not suddenly become simple for homosexual couples, on the contrary. A subsequent sentence, the 69, always published today, the judges have established that precluding assisted fertilization for single women is not unconstitutional. In short, it can be done. It would be possibly to Parliament to decide to make it possible to them too.
Children of two mothers recognized by birth. The historical ruling of the Constitutional Court
According to the Constitutional Court, therefore, article 8 of law number 40 of 2004 is constitutionally illegitimate. It is at the point where it does not provide that the child born in Italy conceived abroad with PMA, is also recognized by the so -called intentional mother. The one who did not give birth but gave his consent to heterologist fertilization.
In Italy until yesterday, two parents of the same sex (Getty Images) was not allowed to record the registry office)
This is the fifth time that law 40 is repealed in one of its parts because it is unconstitutional: the constitutional judges have therefore not opened the PMA to the lesbian couples in Italy but have definitively sanctioned the recognition of their children.
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