The same-sex adoption after law 76/2016. ubi lex voluit... tacuit?
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Abstract
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.
Keywords
- Second-parent Adoption
- Same-sex Parenting
- Best Interest of the Child
- Family
- Constitutionally Oriented Interpretation