Search results for " step child adoption"
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The “Law in Context” for (Stepchild) Adoption in Same-Sex Couples: The Italian Models
2019
This essay focuses on a recent development in Italian family law with respect to stepchild adoption in cases involving same-sex couples. Resorting to arguments of both the continuity of the affective relationship and the best interests of the child, courts have been willing to permit adoptions in these cases under Article 44 of L. 184/1983 (“Adoption Act”), which provides for “adoption in particular cases” (“APC”). This article provides a special (not exceptional) tool, that, at the time it was drafted, was not contemplated for stepchild adoption by a parent’s same-sex partner, but could be adapted for such situations. This has remained the case even after the legislative choice not to gran…
THE TRUMAN SHOW OF SAME-SEX FAMILY. RIGHT TO FILIATION V. BEST INTEREST OF THE CHILD
2019
This study offers a brief excursus on the adoption in Italy, focusing on the legislative choice (as ruled by the “Civil Partnership Act”)1 not to grant the stepchild adoption (SCA) to the partners of the registered partnerships, called unioni civili. When the Act was discussed by the Parliament, there was an hard debate on filiation in same-sex couple: the right to be a couple for same-sex partners has been less problematic than providing for a specific right to parenthood. On such issue was not reached a majority’s consent, so, in order to save the goal of unioni civili, the provisions on filiation and adoption for same sex couples had been set aside. In the absence of scientific studies a…