Gestation for others, adoption OK for gay couples

In Pesaro, in the Marche region, comes a 'historic' ruling that recognised the adoption of the second child by a homogenous couple, born through gestation for others (Gpa) abroad. The news, reported by Corriere Adriatico, explains that the juvenile court gave the green light to the adoption by the second father, in a legal context made more complex by the recent Italian law that makes Gpa a universal crime. "The minor must be protected beyond the manner in which he came into the world," the judges write.

The couple, consisting of two freelancers from Pesaro in their 30s and 40s, had already obtained the adoption of their first child, also born through GPA in the United States, in 2023. Even in that case, only the biological father had initially been recognised in Italy, making adoption by the partner necessary.

The child, an American citizen with a double surname, has lived with the couple since birth. In the meantime, the other parent has also taken the same path, resorting again to GPA in the United States and giving birth to a second child, born before the approval of the Italian law of 16 October 2023, which prohibits surrogacy as a punishable offence even if committed abroad.

The adoption, initiated in December with the assistance of lawyer Claudia Fabiani, was approved by the court with a motivation that recalls the protection of the child's rights. "Discrimination against the child caused by the stigma attached to the adult's decision to have recourse to a procreative technique forbidden by our legal system would result in a violation of the principle of equality," the judges emphasised, citing a previous ruling by the Supreme Court, reiterating how "the child, a weak party with no responsibility, must be protected beyond the manner in which he or she came into the world" and therefore "the interpretation must be marked by a sense of humanity".