Italian prosecutor calls for cancellation of birth certificates for lesbian couples

Italian prosecutor seeks to void birth certificates for children of lesbian couples dating back to 2017, arguing for removal of nonbiological mother’s name.

The recent action taken by the prosecutor in Padua, Italy has brought attention to the complex legal situation faced by gay families in the country. This development follows the government’s directive, issued by Prime Minister Giorgia Meloni, instructing city councils to cease registering children of same-sex parents.

Although Italy legalized same-sex civil unions in 2016, adoption rights for couples were not granted to prevent potential encouragement of surrogate pregnancies, which are currently illegal. As a result of the lack of clear legislation, some courts have ruled in favor of allowing such couples to adopt each other’s children, and several city mayors, including Padua, have recognized births to both partners in same-sex unions.

However, the prosecutor of Padua, Valeria Sanzari, recently initiated a legal case, demanding the alteration of 33 birth certificates signed by the city mayor since 2017, with the aim of removing the name of the nonbiological mother.

The court is expected to make a ruling on this matter later in the year, while the LGBTQ community in Italy has expressed outrage over the prosecutor’s actions.

“The actions taken are effectively orphaning these children,” expressed center-left parliamentarian Alessandro Zan, a prominent advocate for gay rights in Italy. He added, “This is a cruel, inhumane decision.”

The removal of a parent’s name from a birth certificate not only creates bureaucratic obstacles but also imposes emotional strains.

With the eliminated mother’s name, several tasks become challenging, such as picking up her child from school without the written permission of her partner. Furthermore, if the legally recognized parent passes away, the children may be separated from the family and become wards of the state.

To regain her parental rights, the nonbiological mother is required to undergo a lengthy and expensive special adoption process.

The government defended the prosecutor’s stance, with Luca Ciriani, the minister for parliamentary relations, stating, “In Italy, marriage is only between a man and a woman, and therefore only the biological parent is the parent whose surname can be registered.”

Currently, Italy’s lower house is deliberating a law that would criminalize couples who travel abroad to have a surrogate baby, even in countries where it is legally permitted, such as the United States or Canada. The proposed law carries a maximum penalty of two years in jail.

Prime Minister Giorgia Meloni, known for her staunch opposition to what she terms “gender ideology” and “the LGBT lobby,” is facing growing international scrutiny over her conservative family agenda.

During a summit of Group of Seven leaders in Japan, Canadian Prime Minister Justin Trudeau publicly expressed concerns to Meloni about Italy’s stance on LGBTQ rights.