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In a landmark ruling, the gay fathers of two surrogate children in Italy have been legally recognised as the parents.

The children were born to a surrogate in the US with one of the fathers the genetic parent, but both will be officially named as fathers. The US birth certificate also reflects the dual paternity.


Judges at Trento’s Court of Appeal made the decision, noting that the US birth certificate was valid because Italy determines parental relationships based not solely on biology.

“On the contrary, one must consider the importance of parental responsibility, which is manifested in the conscious decision to have and care for the child,” judges said.

Italian law prevents anyone from using surrogacy to have a child. Adoption is difficult for gay couples and granted on a case by case basis.