On Monday 16 June, in the Palazzo dei Bruzi hall of Palazzo dei Bruzi, the deed that will officially allow, by executing the recent sentence of the Consulta of 22 May, the n.68 will be offered to change the history of family law, in the presence of the mayor Franz Caruso, of Recognize a girl, born from two women who shared a parental project through medically assisted procreationas a daughter of both mothers.
In other words, the Constitutional Court, with the sentence n.68 of 2025, declared the current legislation that prevented the intentional mother – that is the partner of the woman who gave birth – to be recognized as the mother of the child, even in cases where both women had expressed a conscious and shared consensus to the medically assisted procreation path, although carried out abroad. Until now, in fact, Italian law (law n. 40 of 2004) recognized only the partorient woman as legal mother, denying every right to the intentional mother, forcing her – at the best of the hypotheses – to take the complex and long path of adoption in particular cases (the so -called “Stepchild Adoption”). But the Court clarified that this situation is contrary to the fundamental principles of the Italian Constitution, in particular to the right of the minor to see a stable and protected legal bond recognized since birth with both people who wanted and raised as a child.
“Cosenza – underlined the mayor Franz Caruso In a declaration – he once again proves his civilization, adapting, a few weeks after the pronouncement of the Consulta, to the principles contained in it and is placed among the first Italian cities and first in Calabria, which is followed by what was decided by the Constitutional Court in terms of recognition of the rights of homogentor families with two mothers. To reaffirm with absolute timing some principles established by the Constitutional Court and which are part of our culture of reception and sharing, against any form of differentiation and discrimination, shows, once more, that the city of Cosenza is a democratic garrison of the rights of all and all “.
The Consulta decision has a particular importance, as it establishes the fundamental principle according to which It is not the biological link that founded parenting, but conscious consensus, responsibility and care. In other words, if two women decide together they have a child through the PMA practiced abroad, and one of the two gives birth, that child also in Italy is the son of both. The minor, therefore, will no longer have to wait years to see the other mother recognized also, nor wait for the judgment of a court, nor to live in a state of legal uncertainty, in the event of separation of the parents or, worse, in the event of the death of the legal mother. The Consulta said clearly that it is not possible to subordinate the protection of children’s rights to ideological positions or discrimination.
Now the principle is clear and binding for everyone: the legal recognition of the intentional mother can no longer deny. From today, every civil status officer, in every municipality of Italy, will be required to apply the Constitution and guarantee equality between families. And the Municipality of Cosenza on Monday 16 June, for the first time, will follow what was decided by the Consulta.