Marco Farina

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

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