The members of Avvocatura per i diritti LGBTI – Rete Lenford (Lawyers for LGBTI rights - Lenford Network) have been assisting two women, who are the mothers of a child – Joan – who was born in Spain. The couple had experienced difficulties in transcribing their son's birth certificate in Italy.

Court of Appeal confirms that birth certificate must mention same-sex couple as parents

Last March, the Court of Perugia ruled that the city’s Mayor was obliged to transcribe (and register) Joan's birth certificate, even though the document indicated a same-sex couple as being the child’s parents. On 22 August, the Court of Appeal confirmed that ruling.

According to the Court of Appeal, under the current laws, foreign birth certificates indicating two parents of the same sex must be transcribed in full in Italy. Moreover, in the case of children of two women born in Italy, the names of both mothers should immediately be indicated on birth records, without having to wait for a court order.

In line with recent Italian Supreme Court and Constitutional Court decisions, the judges in Perugia clarified the current meaning of the word "parenthood", stating a very clear principle: "the love of two homosexual parents is equivalent to that of two heterosexuals parents in so far as it allows the child to grow up in a cohesive environment such as a family".

Children’s well-being and the freedom of homosexual couples are at stake

Lawyers following the case declared that this decision shows that the current laws may contain the homophobic messages that the Italian media - and even members of the current government - spread on a daily basis. They added that it should not be forgotten that children’s well-being and the freedom of homosexual people to become parents are at stake. They also stressed that judicial outcomes are only effective if people advocate and take action outside the courtroom. In this case, for instance, civil society and gay associations played a major role in demanding that Joan’s rights be guaranteed.

A small group of attentive and committed citizens can change the world

The lawyer Miryam Camilleri, President of Lawyers for LGBTI rights - Lenford Network, also stated that, while being satisfied with the Perugia decision, she also feels regret because same-sex parents are being forced to bring their cases to court, since neither legislation nor the government protects the fundamental rights of people, and especially of children. Quoting the anthropologist Margaret Mead, President Camilleri concluded by saying that we must never doubt that a small group of attentive and committed citizens can change the world. And this idea has been inspiring the Association Lawyers for LGBTI rights - Lenford Network for the past ten years.