If a lesbian couple divides, why deny parenting to one of the two moms?

The appeal to the Constitutional Court of the Court of Padua for the story of a mother who has not seen the twins for two years tells us about the regulatory gaps that mortify the rights of the children of homosexual couples and not only

(photo: Fabian Strauch / picture alliance via Getty Images) There is no legally recognized link. Neither between the two women nor between one of the two and her two daughters. But that's not the point. The point is that those girls were wanted and raised together, by the couple whose story Corriere della Sera tells today. Yet for two years one of the two mothers - who has now appealed to the Court of Padua - has no longer been able to see them because, once separated from their former partner, they have expressed their intention to adopt them. In response, the two girls, two 8-year-old twins conceived with artificial insemination in Barcelona but born in Italy in 2012 - before the approval of civil unions and before some courts and mayors "began to recognize gay and lesbian parents ", Writes Corriere - they disappeared from the life of the first one, which the newspaper calls Laura with a fancy name. The daughters are in fact registered as daughters of the only mother who gave birth to them.

according To Italian law, in short, the other person that has lived and grown, and has signed the written consent to the heterologous in Barcelona and had tried two years earlier to do the same in Denmark, it simply does not exist . Has been cancelled from today to tomorrow by the existence of girls. Today, the “ mother intentional ”, as they call the courts of Padua, which have brought the matter before the Constitutional Court , asking to be acknowledged for what it is: the other mother of the two girls. For the Court, as it should be but there is a legislative vacuum that does not allow leeway to recognise her as the second parent. “ Couples Italian lesbian can undergo fertilization, heterologous abroad entirely legitimately” – write – “ creating a parenting project that leads to the birth of children, that, as persons, are the bearers of their own rights , distinct from those of those who have chosen to embark on the path of procreation ”. In short, add the judges: if the technique of procreation is not allowed on the national territory but permitted elsewhere, people born that way can't see that its rights are mutilated in order to those modalities, or because the country where they are finally born and live, the Italy, does not protect their interest in the relationship with the person who has fueled the project equal to that of the biological mother. It would seem good sense, even before that law, yet it is a means To the West.

The absurdity is twofold: the twins were born in Italy, therefore, may not be recognised by the government as happened to the children of same-sex parents who were born abroad, and the stepchild adoption is impossible because the legal mother does not intend to give consent. A painful impasse that has allowed a person to expel the other, in perfect legitimacy. Useless to note that we lose all the daughters, the women, the company simply deletes a relationship of love and affection, but also cure the concrete. And that continues to legislate in these areas of delicate pieces, while remaining hostage to this or that parliamentary group, of the usual pressures of the Vatican, and finally – as in many other areas – relying on the Constitutional Court to dissolve the knots without taking half the responsibility . Also this time maybe it will go that way.

“ The lack of recognition of the bond between the child and the mother, intentional prejudice the child leaving him in a situation of legal uncertainty as to his identity in the society and can be a source of serious injury , for example, to inheritance rights, the right to the maintenance of the relationship in the case of separation of parents or death of the father, or in case of refusal to the care of the mother's intentional, ” is still read in the affairs of the council of the first civil section of the Court of Padua. That pulls in the dance also, and above all the policy, explaining that the Parliament has not provided an adequate level of protection of these children . Opening the way to a possible generation of children and citizens of B-Series : “ A new (and unique) category of the born and not recognizable, which is reminiscent sadly the categories already heavily discriminated against in the past and overcome thanks to the evolution of social and legal stimulated above all by the principles of the constitution ”. The judges refer to the children, the fruit of extramarital affairs, or those of parents with family relations.

A family environment that is natural, because it is the one where those girls were born. This deserve those girls. Should be removed from the game ruthless that the legal vacuum allows. There is not even get there, to”the adoption of the configlio” as a stepchild adoption would be in Italian, because we would be out of focus : those girls are the daughters of all the effects of those two persons, for whom the point of law revolves around the recognition of the parenthood of the mother, the equal of the other, has grown. There is no “replacement” permit.

Before the Court and return to deal with them, Parliament should definitively clarify the principle : the children who wanted them and loved and their rights can not be compressed by the mode of conception, even if abroad, nor from the link between the past or the present of the pairs of parents . To do this, parents must be both recognized at the time of registration to register, regardless of their condition, sex, and all the rest. We need to forget these stories as we have fortunately forgotten the distinctions between legitimate children, illegitimate and natural. All children are citizens who should enjoy the same conditions and of the same safeguards.