13. Who is recognised as the legal parent(s) of a child born following surrogacy? The legal parent is the biological parent, that is the father. Under Italian law, the mother is the one who gave birth to the child. The partner of the father (the biological parent), can only establish filiation with the child through adoption: the intended mother through L.44/1983, art.44; the same can be applied to the second father, due to ruling No. 38162 of Dec. 30, 2022, Supreme Court of Cassation 's United Civil Section.
a. surrogate mother
b. oocyte donor
c. sperm donor
d. intended mother
e. intended father
14. Do mechanisms exist to transfer parentage from the surrogate mother to the intended parent(s) (e.g. adoption procedures)? Surrogate pregnancy is prohibited in Italy: there is no ad hoc mechanism enabling transfer of a filiation link from the surrogate mother to the intended parent. The only possible exemption enabling the woman who has not given birth to be identified as the mother is therefore adoption through L.44/1983, art.44.
15. Is the existence of a genetic link required for establishing paternity/maternity? Yes: The genetic link allows the paternal filiation. NO: see answer n.13
16. Are the other parties involved mentioned in the birth certificate or other official document connected to the birth? No, only the biological parents can be mentioned in the birth certificate
a. surrogate mother
b. oocyte donor
c. sperm donor
d. intended mother
e. intended father
17. Are foreign birth certificates in surrogacy cases registered in your country No, see answer n.16