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 child was born ‘from a project run by the couple’
In its ruling the judges wrote among other things that the birth of the child “is the result of a parental project developed and realized with their life partner; the decision to choose the youngest for the purpose of pregnancy was dictated by the highest probability of success of medically assisted procreation procedures “and that the child” has lived with her since birth and his partner in a family context and relationships educational and social analogous to that of other girls her age, in which there are also the grandparents and some of the applicant’s family. ” The magistrates, however, rule out that this project of “both parents” is in conflict itself with the interests of the child, as he had supported the prosecutor of Rome. And explain: “the only in support of the alleged incompatibility of interests because mail has been identified in the interest of the younger mother to the legal consolidation of its relational life plan and parenting.” But accepting that reason would believe “that it is precisely the underlying report (omoaffettiva torque) to be potentially conflicting, in re ipsa , with the interests of the child, however, incurring an unacceptable negative evaluation is based solely on ‘sexual orientation of the mother and the minor requesting the adoption of a discriminatory nature and in any case devoid of any allegation and specific evidentiary foundation “. Several times, the Supreme Court also stresses the primacy of less interest than any other state interest. It explains that in this case is to have a legal bond to protect the emotional bond that ties him from birth with the second stepparent.
Rights and duties limited
The courts have applied Article 44, paragraph 1, letter d of law no. 184 of 1983, as amended, which regulates the adoption in special cases. It 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 adoption in special cases, according to the prevailing interpretation, severely limits the rights and duties of parents and children. Especially with this type of adoption the child does not buy the relationship by 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.
The other judgments
Meanwhile, Court of Rome has recognized at least another ten cogenitoriali adoptions and so did the Court of appeal of Turin in late May that granted to non-biological mothers of two lesbian couples the stepchild adoption of children borne by the respective partners (in it is a case of cross-adoption).
June 22, 2016 (edited June 22, 2016 | 15:43)
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