The Judgment No. 24369 of 2024: Implications on Surrogacy and Parental Status
The recent ruling of the Court of Cassation No. 24369, filed on September 11, 2024, provides significant insights into the issue of surrogacy and the recognition of filial status in complex contexts, such as that of same-sex couples. The Court had to decide on the legitimacy of the transcription of a birth certificate issued abroad, which indicated two women as parents who conceived through medically assisted reproduction.
The Case and Legal Context
The case in question involved D.D. and C.C., who, after a marriage in the United States and a long cohabitation, completed a parenting project through surrogacy. The birth of the minor in California led to the transcription of the birth certificate in the Municipality of Bari, but subsequently, there arose a need to rectify that act, with the public prosecutor contesting the legitimacy of C.C.'s position as a parent.
The Court of Cassation confirmed the importance of protecting the best interests of the minor, recognizing the validity of the filial status acquired abroad.
The Importance of the Minor's Interest
The Court of Appeal, upheld by the Cassation, emphasized that the recognition of dual parenthood must occur in accordance with the law most favorable to the minor, in this case, the American law. This principle is particularly relevant in light of what is established by Article 33 of Law No. 218 of 1995, which provides for the applicability of the more favorable law in case of conflict.
- The principle of favor veritatis, which guides jurisprudence towards the biological truth of procreation.
- The prohibition of applying foreign laws contrary to Italian public order, as established by Article 16 of Law No. 218 of 1995.
- The recognition of an emotional and legal bond between the minor and the parents, fundamental for their development.
Conclusions
In conclusion, judgment No. 24369 of 2024 represents an important step towards greater protection of the rights of minors in situations of complex filiation. The Court reiterated that the interest of the minor must always prevail in decisions regarding legitimization and recognition of parental status, highlighting the need for a balance between parental rights and the protection of the minor.
