Gay couple from Toronto wins lawsuit in Italy after son’s birth photo used in anti-surrogacy campaign

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08/13/2023

A same-sex couple from Toronto took on Italy’s ruling right-wing political party and won after a moving image of their first moments with their newborn son was used without their consent in an anti-surrogacy campaign. In 2014, BJ Barone and Frankie Nelson welcomed their son Milo with the help of a gestational surrogate. Photographer Lindsay Foster, a friend of their surrogate Kathy, captured a striking and heart-warming image of the married couple holding their child for the very first time. That photograph went viral, but not long after was used without consent by the Fratelli d’Italia. It was also used without permission by independent Irish politician Mary Fitzgibbons to push her platform against surrogacy for gay parents in that country’s February 2016 general election, but has since been taken down.

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