It was not a good week in Italy for families consisting of two mothers or two fathers.
Two actions promoted by the government of Georgia Melons, from the far right, ruled out the possibility of including in identification documents the parentage of children who have same-sex parents. A movement that is part of the government’s conservative agenda, according to these families, who are shrouded in uncertainty.
On Monday (13), the mayor of Milan, Giuseppe Sala, from the centre-left, announced that, by order of the Ministry of the Interior, notary offices were prevented from registering on certificates the names of two mothers who had a child through assisted fertilization with childbirth in Italy or of two parents of a child born from a surrogacy pregnancy (in Brazil, known as surrogacy), both cases possible only abroad.
Although the Italian court does not consider same-sex parenthood to be illegitimate, the two situations that allow same-sex couples to have children are prohibited in Italy. Assisted fertilization is only allowed for heterosexual couples, while surrogacy is illegal for everyone.
In the absence of a specific law on the subject, some mayors such as the one in Milan began to allow, in recent years, the issuance of certificates with the affiliation of parents of the same sex. Aware of this, the government formalized an orientation for city halls to interrupt the practice, citing the jurisprudence of a decision that took place in December.
The measure, which has national validity, determines that only the parent genetically linked to the child, in the case of men, or the woman who has given birth, in the case of mothers, can have the name on the certificate, with the other being able to adoption, which forces these families to resort to Justice, in a costly and slow process.
This Saturday (18), hundreds of people, including political leaders and members of LGBTQIA + movements, protested against the measure in the Scala square, in Milan.
On Tuesday (14), it was the turn of the Senate commission that analyzes proposals for European Union laws to overthrow the project for a European certificate of filiation, to ensure the rights of children between countries.
The document, which needs the unanimity of the 27 members, provides that an affiliation registered in one country of the bloc is automatically recognized in the others, whether it be of same-sex couples or not. The veto was decided by a majority of government votes, based on a resolution presented by a senator from the Brothers of Italy, the same party as Meloni.
Although the European certificate does not modify current national rules, members of the government argued that this would mean an imposition. “Brussels cannot impose the concept of family on us. A child needs a mother and a father. A child cannot be bought or rented,” said the deputy prime minister. Matthew Salvini (Liga).
The issue took center stage in the political debate, with the opposition accusing the government of hostility towards LGBTQ+ rights. “It’s a very harsh attack on the rights of children from same-sex families,” said the new leader of the Democratic Party, Elly Schlein, who announced her participation in a demonstration scheduled for Saturday (18) in Milan.
Leader of the most voted party in September, Meloni was elected with a speech against the “LGBT lobby” and in favor of the “natural family”. This week’s actions are considered the first concrete attack against civil rights and join the bill, presented weeks ago, which criminalizes surrogacy also carried out abroad.
Even before the ultra-right came to power, Italy was already lagging behind in terms of LGBTQ+ rights. According to the ranking of the International Lesbian, Gay, Bisexual, Trans and Intersexual Association (Ilga), the country had, in 2022, 25% of the rights achieved, occupying the 33rd place among 49 European countries.
Civil unions have been legalized since 2016, but joint adoption is prohibited. In 2021, a bill criminalizing homotransphobia was rejected by Parliament.
“The situation has worsened now. Before it was a scenario of immobility, now there is a ferocity. Certainly the approach is to align with Viktor Orbán [primeiro-ministro da Hungria]”, says Angela Diomede, representative in Milan of Famiglie Arcobaleno, Italian association of homosexual parents.
Mother with another mother of a 6-year-old girl, who already has the document with the names of both, Diomede says that the last few days have been filled with fear and concern. It is not yet known whether the decision imposed by the Ministry of the Interior could have retroactive effect, canceling registrations already issued. But families who planned to ask for it entered an even grayer zone.
“People ask themselves: ‘Tomorrow my son is born and my partner will not be recognized. Will I have to do everything alone, be the only person responsible at school, when it comes to vaccinating? And if I die in childbirth, what happens?'”, account Diomede. “Civil society accepts us as we are, but having a role is important from a legal point of view, such as in the face of hospitalization or death.”
The association presented a law proposal, last June, before the new government took over, with measures for equal rights. “This did not go away and we know that it is very difficult for it to be approved now. We are thinking of other guardianship solutions”, says Francesca Rupalti, vice president of Rete Lenford, a group of lawyers specializing in the subject and co-author of the proposal. “It’s heartbreaking. Instead of moving forward, we’re going backwards.”
