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Lesbian mother advised to have sex with a man to register their newborn in the country

The lesbian couple, who chose to undergo artificial insemination in Denmark, is facing a legal difficulty to get their baby registered in Italy
UPDATED JAN 21, 2020
(Source:Getty Images)
(Source:Getty Images)

In recent times, Italy has come under fire on various occasions for its regressive stance on LGBTQIA rights despite the law recognizing same-sex marriage was passed in 2016. In a recent uproar, a lesbian mother was told to have "sex with a man" to have her baby legally recognized in the country.

A Turin-based lesbian couple, Chiara Foglietta and partner Micaela Ghisleni, was denied the right to register their baby — they were told since Italian laws make fertility treatments available only to heterosexual couples, their baby boy has to be officially declared to have been conceived through heterosexual intercourse.

The couple, who chose to undergo artificial insemination in Denmark, clarified the situation further in a Facebook post.

According to its translation, she states: "You must declare you had union (sexual relations) with a man to register your son. There is no form to say you had artificial insemination."

The couple refuse to abide the advice claiming: "Every child has the right to know their own story."

Earlier this week, Italy ranked in the bottom five of a survey conducted to find out which European countries were best to live and work for young LGBT+ professionals. The survey was conducted by Expert Market

Despite the progress made by recognition of 2016 same-sex marriage, the headway has been hampered by longstanding reproductive laws, established in 2003. According to a BBC News article, the rules were introduced as part of a Catholic clampdown on the country’s previously liberal approach to fertility treatment.

A further report published on BioNews outlined that the law restricts the provision of fertility treatments to “stable heterosexual couples” who live together, are of childbearing age and have been proven to be clinically infertile.

However, the mayor of Turin, Mayor Chiara Appendino has expressed warm wishes to the couple and even sent celebratory flowers. She further expressed this support, explaining to the Italian daily newspaper:

"Personally, I am in favor and willing to proceed with registration, but with this current legal vacuum, the rights of the parents and children cannot be guaranteed."

These restrictive laws have been overcome in the past. Notably, last year, when a gay couple became the first same-sex partners to be legally recognized as the fathers of two surrogate children, winning a landmark case in the city of Trento.

Although the case differs, there are key similarities; although these were surrogate children, yet they were still conceived via artificial insemination and the two fathers weren’t granted adoption, but were granted full parenthood.

Speaking at the time, Marilena Grassadonia, president of gay parents’ group Famiglie Arcobaleno stated: "In the absence of clear laws we hope now that all Italian courts will follow the same path."