parentage and citizenship
Italian law does not permit surrogacy.
Upon returning to Italy, the parent(s) will register the child with the local civil registry using the US birth certificate only.
It is strongly advised the parent(s) not register the child at an Italian embassy.
During the registration process, the parent(s) should not disclose the surrogate birth.
On February 23, 2017, the Court of Appeal of Trento recognized a Canadian post-birth parentage judgment; the related birth certificate listed the bio father along with the surrogate's name.
GC Matching Criteria / Complex Cases
Birth Certificates
In the case of a single parent or same-sex couple, the US birth certificate used to register the child should only list the bio parent with no mention of the surrogate. In the case of a same-sex couple, the parents can later obtain a birth certificate listing both of their names as parents.
In the case of a hetero couple, both parents names should be listed as mother and father.
The birth certificate should be apostilled.
Returning to italy / Clearing Immigration
If possible, it is recommended the parent(s) return to Italy via another EU country, such as Spain or the Netherlands.
Parent(s) may use either the UK or non-UK immigration line.
preferred Counsel
Alexander Schuster
Via C. Abba, 8 - I-38122, Trento, Italy
Office: +39 046 193 5257