A judgment that no court can ignore – The Republic

Rome – A ruling that will make law, and that from now on no Juvenile Court can ignore. A judgment written by Judge Melita Cavallo, today the dedication “to all those children born in the same-sex couples in which the right to have two parents.”

had so far been denied With so pronounced today by the Supreme Court, which has confirmed the right of non-biological mother to adopt the child of his partner, the stepchild adoption (adoption of the partner’s son), carved out by the law on civil unions, actually becomes legal in Italy. It happened that what was predicted by juvenile judges during the tough parliamentary battle on “Cirinnà”: children left disenfranchised by the new rules on homosexual unions would be “protected” using the current adoption law. In particular, as did the judge Melita Cavallo, former president of the court for minors in Rome, using Article 44 of Law 184, where it is expected “adoption in special cases.” That is, when the interests of the child is prevalent, are not considered more binding criteria usually used for “normal” adoptions, but children can be entrusted to those who truly, in that particular case, it really protect the growth and serenity. Whether it is single, de facto couples, or as in this case, a homosexual couple.

All this of course after a long and careful investigation (as always happens in the adoptive paths) that determines whether that couple, heterosexual or homosexual or both, is really suitable to grow this child or that child.
Moreover in the days toughest battle in the Senate, when it became more and more obvious that even to approve civil unions the stepchild adoption would be sacrificed, over 700 lawyers had signed an appeal “on behalf of the children.” Announcing that although rejected by Parliament the adoption of the partner’s son in the same-sex couples, would be guaranteed by the courts.

And so it is happening: in Rome alone, there have been 15 cases of rulings favorable to families omogenitoriali some already have become final, the other contested, others already before the Supreme Court. In fact, however, a revolution, similar to what happened with the law 40 on assisted reproduction. In that case a very bad law was canceled by court rulings. In this case, however, the absence of an ad hoc law is filled using what is already provided in the special cases of adoption. Melita Cavallo adds: “These children are there, there, already living with two moms or two dads. If the family is strong and healthy, if in that family the child grows serene, why should we break these ties? What matters is the welfare children, and protecting it is the primary task of us judges. “

Topics:

Supreme court

Unionicivili

stepchild adoption

Starring:

Melita Cavallo