Now they’re officially two dads, recognized by the state. They have two five-year-old twin sons, but so far only one of the fathers has been the parent. The biological one. The other, even though he had contributed and contributes every day to making theirs a family in all respects, was nothing.
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For the judges “the interest of boys and girls cannot be considered adequately protected with other forms offered by Italian law for the purpose of recognizing the relationship with the intentional parent”.
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The couple, assisted by the lawyer Pasqua Manfredi of Rete Lenford, had appealed to the Court of Bari to request that the birth certificates of their two children, in addition to the name of the biological father, also include that of the intentional father. The Court, however, had rejected the request on the basis of the judgment of the United Sections of the Cassation of 2019. On that occasion, the Supreme Court had ruled that birth certificates with two dads are contrary to public order and that the only possibility for dad couples is stepchild adoption. The two did not give up and appealed.
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“While the Court of Appeal considers that it is necessary for the legislator to intervene in this matter,” Rete Lenford writes in a note, “the Court of Appeal considered the interest of girls and boys in having their personal and family identity recognised and protected in accordance with Art. 8 of the EDU Convention. The College, in fact, did not consider sufficient other alternative means of our legal system, including adoption in special cases that provides for the protection of the right to the family, but not to personal identity”. Full parenting, therefore, passes from the full transcription of the birth certificates of children born with GPAs abroad.
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