Dispute over rainbow mothers: Rome’s constitutional court should decide

Dispute over rainbow mothers: Rome’s constitutional court should decide


Image: ALEX HALADA (AFP)

The lawyers of several “rainbow families” were satisfied with this decision. The public prosecutor’s office originally wanted to have a court in Padua decide on the legal status of a total of 37 children, each of whom had two mothers listed as parents on their birth certificates over the past six years. The trial began on Tuesday. The Rainbow Mothers and their relatives protested in front of the Palace of Justice in Padua before the trial began.

Entries violate the law

In Italy, only the woman who gave birth to the child can be recognized as the mother. However, since 2017, some municipalities have begun to also register as parents same-sex couples who gave birth to a child via surrogacy or artificial insemination, even though this is against the law. Registration mostly took place in communities led by left-wing parties that are open to the issue of rainbow families. The mayors used a legal gray area.

Same-sex families are not provided for by law in Italy, but are also not explicitly prohibited, which previously allowed municipalities a certain degree of discretion – until Prime Minister Giorgia Meloni’s right-wing government took office 13 months ago.

Rainbow families summoned

The Padua public prosecutor’s office refers to a letter from the Interior Ministry from this spring. As a result, prefects across the country were ordered to prevent mayors from issuing birth certificates to children of same-sex couples. 37 rainbow families, all children with both mothers’ surnames, were summoned to court in Padua.

The case is causing discussions throughout Italy. The right-wing government under Meloni makes no secret of the fact that it only wants to work for traditional families. “Children have the right to a mother and a father,” is the mantra of Deputy Prime Minister Matteo Salvini, head of the right-wing Lega party that co-governs Rome. The party recently collected signatures for a petition in support of the anti-surrogacy bill. This has been banned in Italy since 2004 anyway.

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Source: Nachrichten

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