Marco Farina

The same-sex adoption after law 76/2016. ubi lex voluit... tacuit?

  • Abstract

Informations and abstract

Keywords: Second-parent Adoption; Same-sex Parenting; Best Interest of the Child; Family; Constitutionally Oriented Interpretation.

Although having introduced a new regulation of same-sex unions, Italian law 76/2016 renounces to regulate adoptions by same-sex couples. However, this issue is of the utmost relevance when it comes to judicial decisions, especially because judges are significantly inclined to allow same-sex adoptions through a broad interpretation of art. 44, sub-sec. 1-d of Law 184/1983. This case law based approach, developed during the legislative procedure that led to the enactment of Law 76/2016 and consolidated thereafter, appears to be absolutely compliant with national constitutional principles, while it does not seem to be against the overall wording of the new law.

Trova nel catalogo di Worldcat

Article first page

Article first page