Pesaro: A court in the Marche city of Pesaro has approved the adoption by a gay man of a minor who is the biological child of his male partner and was born via surrogacy in the United States.
According to Ansa News Agency, the adoption was sanctioned despite the fact that surrogacy is illegal in Italy, with legislation passed in 2023 designating it a ‘universal crime.’ This means Italians can face penalties for engaging in surrogacy, even if it is conducted in countries where the practice is legal.
“The minor must be protected regardless of the manner in which it came into the world,” stated the judges in their ruling, highlighting the court’s stance on child welfare as noted in the report.
The child in question was born before the enactment of the universal crime law. The couple also has another child, whose adoption by the non-biological father received approval in October 2023. This child was similarly born via surrogacy in the United States.
Before the universal crime law came into effect, many Italian gay couples opted for surrogacy in nations where it is legally permissible, such as the US and Spain, to expand their families.
