Same-parent couples, appeals from the prosecution rejected: “The birth certificates of the children of two mothers cannot be canceled”

“Courage and common sense won against ideological fury.” With these words, Laura – one of the rainbow mothers of Padua – comments on the decision of the Court of Padua which, today, Tuesday March 5, declared inadmissible the more than 30 appeals by which the Prosecutor's Office had requested cancellation of double surnames from birth certificates of boys and girls. “The network of lawyers who presented an unassailable defense against a sleeping Parliament have won. Our children have won and for the moment they can continue to call us mothers”, he concludes. The question submitted to the Court concerned the possibility of recognizing as sons and daughters of two mothers children conceived abroad by two women then born in Italy. “It is a great satisfaction that the Court accepted my defensive line, declaring the appeals inadmissible and effectively confirming the birth certificates with double motherhood,” says lawyer Michele Giarratano, who followed some of the couples of rainbow mothers of Padua. Mayor Sergio Giordani also spoke about the prosecutor's decision: “An important step for girls, boys and their mothers, today the love and primary interest of smaller ones win,” says Mayor Sergio Giordani.

The story

Last June, the Padua public prosecutor's office challenged the birth certificates of 33 boys and girls, children of two-mother couples, registered by Mayor Sergio Giordani from 2017 to today. Prosecutor Valeria Sanzani requested that the birth certificate be modified by “cancelling” the name of the non-biological mother and “rectifying” the name attributed to the daughter, by deleting that of the “second mother”. Despite the appeal, the municipality of Padua – in recent months – has continued to register children of homosexual mothers despite the appeal. In November 2023, the prosecutor's change of heart. The latter in fact supported the question of unconstitutionality raised by the lawyers of same-sex couples, deeming it appropriate that the Constitutional Court “returns to express its opinion on the question”.

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