Home » Maternity denied, the appeal is in a year. Paniz: “But I trust in the European Court”

Maternity denied, the appeal is in a year. Paniz: “But I trust in the European Court”

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The ordinance of Belluno on the couple of women: only one parent, the biological one. Five years to go to the European Court of Human Rights

THE CASE

More than a year for the appeal. And five more to go to the European Court. The Civil Section of Venice will examine on April 24, 2022 the sentence challenged by Maurizio Paniz, the lawyer of the two mothers civilly united of Borgo Valbelluna. After the decree signed by judge Paolo Velo, which established the maternity of the biological mother only and not also of the partner, with the consequence that the child cannot be registered at the registry office with the surname of both women, as he had done. ‘then mayor of Mel, Stefano Cesa, is only the second step to take. By the way, no consequences for the confirmed mayor of the merger with Trichiana and Lentiai.

Paniz can’t be very confident, but the road ahead is already marked and no shortcuts are possible, not even with the times. The concrete hope lies in the European Court of Human Rights, the ECHR: «The Court of Belluno could not have done otherwise», admits the lawyer, «and the public prosecutor, Paolo Luca is right, in his appeal. For what is the current legislation, a child cannot have parents of the same sex, when you go to register him in the Municipality. And this is because my two clients are Italian and have decided to give him birth in Italy, at the Santa Maria del Prato hospital in Feltre. Had it come to light abroad, there would have been no obstacles ».

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The birth certificate produced by another country would be automatically transcribed. Instead, artificial insemination by an anonymous donor took place in Spain, after which the two women returned home, also for work reasons, of course. The Prefecture has reported the anomaly to the Prosecutor’s Office and the procedure has started. After months of reserve, the sentence is at the end of January and, to be able to appeal it, it will be necessary to wait until April next year: “The times are those”, Paniz resumes, “the important thing is to have a precise date, which decisive, even if I will again produce sentences favorable to us from the courts of Pistoia, Bologna, Bergamo and Cagliari and from the courts of appeal of Trento and Rome. What is missing is a law of Parliament in step with a reality, which has changed, when same-sex couples have decided to have children. It is not that the Supreme Court or the Constitutional Court can legislate. It’s not their job. “

Maurizio Paniz was a member of parliament from 2001 to 2013 and he knows it well. It will be necessary to reach the European Court of Human Rights: «The body that has already told all the countries that they must comply, but Italy remains in default with respect to this indication. At the European level, they will certainly agree with us, however it will not be something immediate, on the contrary ».

It will take time and money. “In my experience, it will take at least five years, no less. But it might be the only possibility. Our only hope ».

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By then, the little one will be eight years old and will be able to call both mum and “mami”. –

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