Order of the Court of Roma, I Civil Section, 8 August 2014

Following a mistake by health care professionals, the embryos of a couple who had made recourse to medically assisted procreation were implanted to another woman, who then gave birth to twins. The biological parents asked the Court in Rome to legally recognize their biological relationship with the two children. After noting that no special norms existed in Italy to be applied under such circumstances, the Court rejected the recourse. The decision was grounded, mainly, on Article 269 of civil code, under which the mother of a child is the woman who bore him (this principle has never changed, despite many modifications have been introduced in family law over the years). On other hand, this solution was consistent with the principle enshrined in international treaties and national law, according to which the best interest of the child must prevail: for the Court, it was in the best interest of the children to preserve their relationship with that of the two parental couples whom they regarded as being their parents.