Two gay Italians have their twin boys born via surrogacy in the USA (surrogacy for gay couples is not legal in Italy). The registry office clerk refused to transcribe the boys’ birth certificates into Italian signing both men as fathers. Since both men used their own separate sperm to fertilize the eggs, a judge ruled that each of the men could register their biological son as their own. The babies could not be registered as children of the couple and are not to be recognized as brothers, even though they were born from one mother.
Famiglie Arcobaleno, a nongovernmental organization advocating the rights of same-sex parents and their children, helped the couple with their court case and declared the ruling a “positive step.” “It’s the first time that an Italian court has established that a child’s best interest comes before [the legality of] how he or she was born,” said the group’s president, Marilena Grassadonia. “The children’s interest was to have a parent. Also, until now the babies were only U.S. citizens, but finally their fathers can pass their Italian citizenship to them.”