Italian Court of Appeals Enforces Two Children’s Foreign Birth Certificates in Favor of Two Gay Fathers

On December 28, 2016, the Court of Appeals of Milan, Italy, ordered the city authorities to register two birth certificates issued by Ventura County, California, regarding two 15-month-old twins and indicating a couple of Italian men as their respective fathers. X (on behalf of A) & Y (on behalf of B) v. Comune di Milano [In Re California Surrogacy Twins], (No. 3990/2016, Milan App. Ct.).

In a successful attempt to bypass Section 12(6) of the Italian law on medically-assisted procreation, No. 40 of February 19, 2004, which prohibits surrogate motherhood in any form, two Italian men resorted to surrogate motherhood in California under the procedure in force in that state. To this end, both men entered into separate agreements with a gestational carrier, who brought the pregnancy to term in 2015. Because the children were born from the same mother in the same moment, they were marked as twins in their birth certificates. As a result, Ventura County Superior Court issued a judgment declaring the existence of parental rights, with each birth certificate indicating the respective biological father.

For the full story, access the March 2017 issue of LGBT Law Notes.