The Italian Supreme Court (once again) on the Transcription in Italy of a Birth Certificate of a Child born Abroad by Surrogacy

Earlier this month (3 January 2024), the Italian Supreme Court (Corte di Cassazione) delivered its order No 85/2024 on the transcription in Italy of a birth certificate of a child born abroad by surrogacy.

In rejecting the request for rectification of the birth certificate transcribed in Italy – which lists only the biological parent as the parent, in order to list the intended parent too –  the Italian Supreme Court reasoned as follows: “given the legislative choice dictated to protect fundamental values”, i.e. the ban on surrogacy established in Art 12(6) of Law 19 February 2004 No 40, “it is not open to the court, through a case-by-case assessment, to exclude, by way of interpretation, the impairment of the dignity of the human person and, with it, the conflict with public policy, even where the practice of surrogacy is the result of a free and conscious choice of the woman, independent of financial consideration and revocable until the birth of the child”.

The order is available here.

On the topics addressed in the order, the readers of RDIPP may refer to:

Elisabetta Bergamini, 2015, No 2, 315 ff.;
Olivia Lopes Pegna, 2016, No 3, 725 ff.;
Andrea Cannone, 2019, No 1, 5 ff.;
Maria Caterina Baruffi, 2020, No 2, 290 ff;
Antonietta Di Blase, 2021, No 4, 821 ff.;
Chiara Ragni, 2022, No 1, 43 ff.;
Lenka Válková, 2022, No 4, 854 ff.

As usual, full details of the articles are available at: