The Constitutional Court has recognized the right of children born in Italy to homosexual couples through heterologous fertilization (PMA) to have two parents, therefore two mothers.

The Court - after having specified that the issue does not concern the conditions that legitimise access to PMA in Italy - held that the current impediment to a child born in Italy from obtaining from birth the status of recognised child also of the woman who has given her consent to the fertilisation practice abroad together with the biological mother does not guarantee the best interest of the minor and constitutes a violation of a series of articles of the Constitution.

In particular, the following would be violated: Article 2 , due to the violation of the personal identity of the child and of his right to have a certain and stable legal status recognized from birth; Article 3 , due to the unreasonableness of the current regulation which cannot be justified in the absence of a counter-interest of constitutional rank; finally, Article 30 , because it violates the rights of the minor to have the rights connected to parental responsibility and the consequent obligations towards children recognized from birth and towards both parents.

Furthermore, according to the Constitutional Court, failure to recognize the child undermines "his right to maintain a balanced and continuous relationship with each parent, to receive care, education, instruction and moral assistance from both and to maintain significant relationships with the ascendants and relatives of each parental branch".

(Online Union)

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