Decision of the Court of Cassation, I Civil Section, No. 24001 of 26 September 2014

The Court of Cassation confirmed a decision of the Appeal Court in Brescia, which refused to recognize in Italy the birth certificate, issued in Ukraine, of a child who was born there from a surrogate mother. Recognition at the request of the parents, two Italian nationals, was contrary to public order, and this because surrogacy is prohibited by law No. 40/2004 on medically assisted procreation. The prohibition of regarding the couple as the parents of the child does not contravene Article 8 of the ECHR, as it falls into the State discretionary margin according to the European Court of Human Rights.