In Cagliari, a so-called intentional mother was able to recognize her daughter in the civil registry.
Mayor Massimo Zedda announced: "We immediately followed the ruling of the Constitutional Court. In this way, the right to parenthood is recognized de facto, protecting the child. We are moving forward in ensuring that everyone enjoys full civil rights."
The Sardinian capital is therefore one of the first cities to feel the effects of the recent ruling by the Constitutional Court, which declared unconstitutional the ban on an intending mother recognizing as her own a child born abroad through assisted procreation.
With ruling number 68 last Thursday, the supreme judges convinced the Attorney General of Venice to withdraw the appeal of the documents before the Civil Court of Appeal - where the case of the 39 couples of mothers with children born with PMA abroad was being discussed after the green light that the gay couples had obtained in March 2024 from the court of Padua - and to comply with the ruling of the Constitutional Court.
This is not what the State Attorney's Office did, on behalf of the Ministry of the Interior, which instead did not change its line of defense, essentially confirming the request to cancel the surname of the intentional mother from the registry. As if nothing had changed since March 2023, when the circular from Minister Matteo Piantedosi to the Prefects had raised the case, or the request to mayors to stop the transcription of the surname of the intentional mother in the registry for children of gay couples.
In the Constitutional Court's ruling, the judges wrote that the intentional failure to recognize the child by the mother compromises "her right to maintain a balanced and continuous relationship with each parent, to receive care, education, instruction and moral assistance from both and to maintain significant relationships with the ascendants and relatives of each parental branch."
During Monday's hearing in Venice, the Attorney General's Office explained, however, that there have been no indications from the Ministry so far after ruling 68. According to sources from the Ministry of the Interior, the Attorney General's Office has limited itself to reporting the defense arguments already made, leaving the evaluation of the specific cases submitted to the Court of Appeal to the judging panel. The decision of the judges of Venice is expected in the coming weeks. "We can only say - commented attorney Susanna Lollini, the lawyer of a couple of mothers from Padua - that in the face of the obstinacy of the Attorney General, who evidently does not understand the difference between the rulings of the Constitutional Court and the indications of the Ministry, the condemnation to costs would be the least we could expect".
