Request to register both women and not only the giving-birth mother as mothers of a child born through recourse to heterologous MAR - civil registrar cannot receive intentional parent’s statement aiming at establishing a a parent-child relationship
Contents for term
Request to register both women and not only the giving-birth mother as mothers of a child born through recourse to heterologous MAR - civil registrar cannot receive intentional parent’s statement aiming at establishing a a parent-child relationship
Social policy, Directive (EU) 2019/1158, balance between working life and private life of parents – Single-parent family, equal treatment with two-parent families – Extension of maternity leave
Judge Rapporteur: A. Prechal
Law enforcement - Winners absent from work for maternity leave - Violation of equal treatment between women and men and of the special protection of mothers and children
Recognition of judgment delivered by foreign judge regarding intended mother’s full adoption of a child, biological son of one of the two partners of a female same-sex couple married abroad – Request for transcription of foreign birth certificate – Child born abroad by medically assisted reproduction
Medically assisted procreation – Refusal of the civil registrar to name the intended mother together with the biological mother
Surname of children born outside of marriage or born to married couples – Violation of children’s right to a personal identity and of the principle of equality in the relationship between the parents – It is up to the legislator to weigh the interests of children to have the same surname as their brothers and sisters
Refusal of the civil registrar to two women’s request to correct their child’s birth certificate by naming both as mothers – Child born in Italy through recourse to medically assisted reproduction carried out by a female same-sex couple
Birth certificate issued by the Member State of birth of the child and designating two mothers in respect of that child – Refusal by the Member State of origin of one of those two mothers to transcribe that birth certificate into the national register of civil status – Transcription of that certificate being a prerequisite for the issuing of identity documents, national legislation of that Member State of origin not recognising the parenthood of persons of the same sex
Judge Rapporteur: M. Ilešič
Out-of-wedlock child’s surname - Automatic attribution of the father’s surname – Alleged violation of the right to personal identity and the principle of equality, also with regard to European and supranational obligations
Status of child born (in Italy) through recourse to heterologous medically assisted reproduction (MAP), carried out by a female couple – Possibility of granting the status of child recognised also by the intentional mother, where the conditions for ‘‘adoption in special cases’’ are not fulfilled even though the courts have established that such recognition would be in the interests of the child
Registration in Italy of the birth certificate of a child who is a foreign national – Possibility of two persons of the same sex being recognised as parents where parentage is established under the foreign law applicable
Registration in Italy of the birth certificate of a child who is a foreign national – Possibility of two persons of the same sex being recognised as parents where parentage is established under the foreign law applicable
Maternity allowance - Possibility of cumulating the maternity allowance of the self-employed mother with the days off taken by the employed father
Principle of non-discrimination - Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006: “it is also appropriate to make express provision for the protection of the employment rights of women on maternity leave and in particular their right to return to the same or an equivalent post, to suffer no detriment in their terms and conditions as a result of taking such leave and to benefit from any improvement in working conditions to which they would have been entitled during their absence”
Different treatment of women justified on maternity grounds - Prohibition of dismissal on grounds of marriage applies only to the female employee
Directive 92/85/EEC, Articles 4, 5 and 7, protection of the safety and health of workers, worker who is breastfeeding, night work, shift work performed in part at night — Risk assessment of her work, prevention measures, challenge by the worker concerned — Discrimination on grounds of sex
Judge Rapporteur: F. Biltgen
Directive 92/85/EEC, Article 4(1), Protection of the safety and health of workers — Breastfeeding worker, risk assessment of her work, challenged by the worker concerned — Directive 2006/54/EC, Article 19, equal treatment, discrimination on grounds of sex
Judge Rapporteur: F. Biltgen
Legitimate children’s surname - Automatic attribution of the father’s surname even if desired otherwise by the parents [who may so jointly request to give the child also the mother’s surname]
Measures to improve the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding — National law providing for an allowance for ordinary magistrates in respect of expenses which they incur in the performance of their professional functions — No entitlement for an ordinary magistrate to that allowance in the case of compulsory maternity leave taken prior to 1 January 2005
Judge Rapporteur: M. Safjan
Commissioning mother who has had a baby through a surrogacy arrangement – Refusal to grant her maternity leave – Less favourable treatment of a commissioning mother as regards the grant of maternity leave
Judge Rapporteur: M. Safjan