Decision of the Court of Cassation, V Criminal Section, No. 13525 of 10 March 2016

The case concerned the transcription in Italy of the birth certificate of a baby born in Ukraine with surrogate maternity; a practice not allowed under Italian law No. 40/2004 on medically assisted procreation. The judge for preliminary hearings at the Court of Naples ascertained that the parents of the child had respected Ukrainian legislation, and were not guilty of violation of law No. 40 or the offense of making false statement to the civil status official under Italian penal code. The Prosecutor at the Court of Naples challenged this decision with an appeal before the Court of Cassation. The Court of Cassation rejected the appeal, with decision No. 13525 of 10 March 2016. The Court remembered, on one hand, the interpretation given by the ECHR Court to the legality principle on criminal matters (Article 7 of the ECHR) and, on other hand, the criteria governing, in Italy, the formation of birth certificates of Italian citizens born in a foreign State and the transcription in Italy of foreign public documents.