Child adopted abroad by gay couple, the Supreme Court: yes to the transcription in Italy

• Yes to cross-adoption of two daughters per female couple: same double surname, but they won't be sisters

• First gay adoption in Italy: homosexuals rejoice, Catholics are critical

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March 31, 2021 The provision by which a foreign State has ratified the adoption of a child by a couple of men can be transcribed in Italy. 

With a sentence filed today, the united civil sections of the Supreme Court affirmed that "the recognition of the effects of a foreign court order for the adoption of a minor by a male homosexual couple that attributes parental status according to the model of full or legitimizing adoption, since the fact that the original nucleus of the adoptive minor child is homogenitorial is not an obstacle if the pre-existence of a maternity subrogation agreement underlying the filiation is excluded ". 

No openness, therefore, to surrogacy, but, recalling the principle of "the primary interest of the child", the Supreme Court has opened the way to the request of two men - one Italian citizen naturalized US and the other US citizen, now married - who started the procedures for the transcription in Italy of the birth certificate of the child (also a US citizen) their adopted child, as recognized by the provision issued by the Surrogates Court of the State of New York, in which both the prior consent of the biological parents, and of the survey carried out on adopters by a public agency comparable to social services. 

The two men, however, had been refused the transcription of the deed by the registrar of the Municipality of Samarate, in Italy, according to which the applicable regime was that of international adoption.

The Milan Court of Appeal took a different view, which, with an order, had stated that, on the other hand, it was possible to recognize full adoption legitimized by the provision of the US judges.

The Supreme Court, with the sentence filed today, rejected the appeal presented by the State Attorney, on behalf of the mayor of Samarate as government official, against the decision of the Milanese judges.