Adoptions, the Supreme Court: yes to stepchild adoption in special cases – BBC

the first civil Chamber of the Supreme Court confirmed the line of the Rome Court which granted the first stepchild adotpion gays in Italy, that is the recognition of the non-biological parent in same-sex couples. The judges have in fact rejected the appeal of the Attorney General and confirmed the judgment of the Court of Appeal of Rome with which the question of adoption of a minor proposal was welcomed by the co-mother, the biological mother of the child she partners. “The Supreme Court – says Maria Antonia Pili, the advocate that followed the women’s groups – is critical that has ruled. Now the stepchild adoption is final: the Court delivered a great word of legal culture and above all gave clear guidance for all other Italian courts “

The first case in Italy

the story concerns the first case of cogenitoriale adoption in Italy. The ruling, in August 2014, had made school guaranteeing the non-biological mother of a lesbian couple the possibility of adopting, even if in limited form, the child born from her companion. And it was later reaffirmed by the Court of Appeal in December. But the prosecutor of Rome had opposed the decision of the judges with very harsh arguments. The Supreme Court rejected that appeal now definitely opposed.

the other judgments

Meanwhile, the Court of Rome has recognized at least another ten cogenitoriali adoptions and so did at the end of May, the Court of ‘appeal of Turin which granted to non-biological mothers of two lesbian couples the stepchild adoption of children borne by the respective partners (in one case it comes to cross-adoption).

Give and Take Limited

You is the same institution that was eliminated by law Cirinnà on civil unions because of the opposition of a cross in front of Catholics, both in the majority and opposition files. But which in fact it was already guaranteed by the courts. The stepchild adoption recognized by the courts, however, is a form of “adoption in special cases” and as such severely limits the rights and duties of parents and children. Especially with this type of adoption the child does not acquire kinship aprte from the second parent. He becomes the son of the stepparent (in this case the second mother who has not given birth), but does not enter the family line. Not therefore sees recognized that neither the brothers nor their grandparents or uncles or cousins ​​from any part of the stepparent. It has still fewer rights than a child born of a heterosexual couple.

June 22, 2016 (edited June 22, 2016 | 24:42)

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