“THE TRUMAN SHOW” OF SAME-SEX FAMILY. RIGHT TO FILIATION V. BEST INTEREST OF THE CHILD

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Abstract

This study offers a brief excursus on the adoption in Italy, focusing on thelegislative choice (as ruled by the “Civil Partnership Act”)1 not to grant thestepchild adoption (SCA) to the partners of the registered partnerships, calledunioni civili.When the Act was discussed by the Parliament, there was an hard debate onfiliation in same-sex couple: the right to be a couple for same-sex partners hasbeen less problematic than providing for a specific right to parenthood. Onsuch issue was not reached a majority’s consent, so, in order to save the goal ofunioni civili, the provisions on filiation and adoption for same sex couples hadbeen set aside.In the absence of scientific studies and evidences on the consequences for achild to live with same-sex parents and in front of a fragmented civil society’sfeeling on such issue, the legislative has decided to go ahead. Behind suchoption there is probably the fear that the child can be hurt or seriously affectedin her/his personal/phycological and sexual identity, if adopted or grown upin a by an homo-parental family.In this regard, the analysis also investigates the judiciary answer to thestepchild adoption’s requests in same-sex parent families, in specific cases suchas the ones of individuals, who had got married in another State or had simplyopted for artificial insemination (mainly female couples) or surrogacy (mainlymale ones).The study considers if:- in major western legal systems where the step-child adoption isgenerally recognized by the legislation, homo-sexual civil unions ormarriage’s partners are entitled to a fundamental right to become parents, that implies a right to filiation in the interest of the adoptingparent;- where the stepchild adoption has been recognised only by courts, it hasbeen based on the continuity of the affective relationship and the bestinterest of the adopted child, even in cases of surrogacy and artificialinsemination and sometimes even when no one of the commissioningpartner is the biological parent.The consequences of these two different approaches in terms of legalreasoning, recognition of new rights, new family bonds and respectiveobligations between family members will also be investigated.
Lingua originaleEnglish
pagine (da-a)1-61
Numero di pagine61
RivistaTHE CARDOZO ELECTRONIC LAW BULLETIN
VolumeGlobal Frontiers of Comparative Law 2019
Stato di pubblicazionePublished - 2019

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