In a landmark decision on 29th August 2014, an Italian court recognised a woman’s right to adopt the biological child of her same-sex partner.
The girl was born after the couple sought fertility treatment in Spain. The couple had then married abroad following the birth of the child, raising her together and sharing parental responsibilities at their home in Rome.
The Rome Court (Tribunale per i Minorenni) upheld the mothers’ request for adoption based on Article 33 of the Law of Adoption of 4 May 1983, n.184, modified by law 149 of 2001. This law states that the non- biological parent can be allowed to adopt their partner’s child, in order to maintain the emotional relationship and the cohabitation the child has had with the “social” parent, which has been established and reinforced through time. The upmost priority must be given to the best interests of the minor.
The ruling does not introduce a new law, but applies existing legislation; this particular law does not distinguish between married and unmarried parents, nor does it discriminate against the sexual orientation of the couple. In this case, both parents contributed to the child’s education and wellbeing, allowing her to grow up in a caring and stable environment and it was considered in the best interests of the child to be adopted by her non- biological mother.
This first case of “Stepchild Adoption” in Italy has been welcomed by many as a historic moment for the country, although it has inevitably sparked controversy as well. The law in Italy continues to not recognise other civil rights for gay couples living together, including the adoption by a gay couple, which remains illegal.
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