The Court of Appeal of Bari has recognized and made enforceable in Italy the judgment which the English court has declared valid the contract of maternityà surrogate concluded in England.
Thereò in virtù of the uk regulations between an Italian woman, with the agreement of the husband of british citizenship and a british woman, after which the second had actually given birth to in England two children now entrusted to the couple with whom they had always lived.
The Court held that, in the legal vacuum at the time of the facts about the ability of maternityà surrogate (then prohibited by supervening Law 40/04) does not hampers the recognition of the assumption of compliance to the public order, considering in this regard that, according to well-established principles, when necessary to give effect to a provision of the alien, the limit of public order has to be assessed depending on whether the issue relates to citizens or foreign nationals, and shall be considered in the first case, the internal public order, and in the second, international.
In the species being the children of the british citizenship, is the second criterion that reference should be made. In this regard, the Court finds, therefore, that according to the international public order can notò be considered to be unlawful for maternityà surrogate place that many laws permit, and the governing law.
in Addition, says the Court, is left to the judge in italy has già the merit of the English law, but the assessment” of the situation acquired abroad in compliance of the local law and the effects and impact concrete of the rejection or the acceptance of the application”.
sinceé the children affected have lived their entire lives with the mother, “social”, having also the biological mother waived any right against them, the Court found it “unreasonable” and contrary to the best interests of the children themselves, a decision of refusal.
by Nicoletta Morandi, a Lawyer in Rome, Viale Carso 51 – Tel. 06 3720292
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Page updated on April 27, 2009