Intentional mother recognised after death: first time in Italia

For thefirst time in Italia, a intentional parenthood action has been brought by the State to obtain judicial ascertainment of the filiation relationship with a deceased person. The Court of Trieste has, in fact, judicially recognised the maternity of the intentional mother, in the meantime deceased, of two children born following a medically assisted procreation carried out abroad by her partner.

The intentional mother, a professor of Greek and Roman archaeology at the Department of Humanities at the University of Trieste, died on 19 May 2024. At the birth of her daughters - now aged 8 and 4 - she had not been able to proceed with their recognition, as in Italia the declaration would have been refused by the competent offices because it was contrary to current domestic law.

The path followed was therefore, a few months after the death, that of the judicial action taken to ensure the girls the full recognition of theparental bond with the woman who had consciously and responsibly shared the parenting project with her partner. The ruling will result in the daughters' full access to all the legal, inheritance and social security protections associated with thestatus of daughters, including the acquisition of the status oflegitimate heirs and the right to benefit from the social security and welfare benefits provided by the law in favour of the deceased parent's children.

The proceedings were followed pro bono by the advocates of the Lenford Network.

Accepting the application for judicial recognition of parenthood in its entirety, the court declared the children to be the daughters of both mothers, also ordering the attribution of the surname of the intentional mother.