The right-wing government of Italy has recently adopted alarming measures to restrict the parental rights of LGBTQ+ families, focusing in particular on lesbian couples and their children. This worrying circumstance has resulted in retroactively deleting non-gestational mothers from their children’s birth certificates, endangering their access to fundamental healthcare and education. Italy’s actions starkly contrast the human rights ideals established in the many international conventions it has ratified, while the world scene illuminates the hardships experienced by LGBTQ+ people.
The right-wing Italian government ordered state agencies to stop registering children born to same-sex parents in January, denying them legal recognition and the rights accompanying it. A state prosecutor in northern Italy has now ordered the cancellation and reissue of 33 birth certificates for children of lesbian couples, signaling a further escalation in this discrimination. These certificates are being updated to only list the name of one of the child’s moms and to eliminate non-gestational mothers. The entire existence of LGBTQ+ families in Italy is jeopardized by this terrible action, which denies them appropriate identification and access to essential services.
Another critical worry for LGBTQ+ campaigners in Italy and elsewhere is access to fertility treatment. Italian law does not explicitly address whether both parents of same-sex children can be registered, and same-sex couples are not allowed to get married legally. This circumstance compels many lesbian couples to travel abroad for reproductive procedures and give birth there. However, when they get back home, they run into more difficulties when trying to register the birth of their child with the neighborhood government. The highly challenging and expensive process of obtaining legal parental rights is made even more difficult for LGBTQ+ families by the Italian government’s lack of recognition and assistance.
The situation in Italy is a microcosm of the more significant problems LBTQ women confront globally. According to a global assessment by Human Rights Watch, access to fertility therapy and the rights of non-gestational lesbian mothers were among the top issues for LGBTQ+ campaigners in 26 nations. Surprisingly, the birth certificate of a lesbian mother’s kid in the United States was changed to include the name of the sperm donor vying for custody. In addition, the draft law being proposed in Japan that would limit fertility treatment for single women is another danger to the LGBTQ+ community’s parental rights.
Its activities break several international human rights treaties that Italy has ratified. The right to start a family and protection from discrimination based on sexual orientation are both upheld by the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Convention on the Rights of Persons with Disabilities, and the European Convention on Human Rights. Italy is going against the values it promised to protect internationally by discriminating against lesbian couples and their kids.
Italy must act quickly to correct the situation and protect the rights of LGBTQ+ families in light of these worrying developments. The moms who were wrongfully erased from their children’s birth certificates must be put back immediately. Furthermore, Italy should enact inclusive parental recognition legislation that explicitly recognises the legal parenthood of non-gestational lesbian parents and lift its ban on registering children born to same-sex couples. Regardless of sexual orientation, these activities are crucial to safeguarding human rights and advancing equality for all individuals.
Recent efforts by Italy against LGBTQ+ families and their parental rights constitute a troubling retreat from its obligations under international law. As the world moves closer to inclusivity and equality, the Italian government must safeguard the fundamental rights of all its residents. In addition to being a question of human rights, upholding everyone’s ability to start a family regardless of sexual orientation demonstrates the country’s dedication to inclusivity, diversity, and advancement. It is time for Italy to turn around and maintain its stance in favor of LGBTQ+ families.
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