Same-Sex Adoptions: The Italian Case

In the judgment discussed in this paper, the Court of Cassation endorsed a broad interpretation of Art 44, para 1, letter d), legge 4 May 1983 no 184, such as to allow ‘adoption in special cases’ to homosexual couples. The legal recognition of the parental relationship developed between the child and the partner of the biological parent is rooted in a constitutionally-oriented interpretation, which is not hindered by the silence of the legislature on the reform of civil unions (legge 20 May 2016 no 76), thereby ensuring the realisation of the child’s right to have a family, regardless of preliminary assessments of the sexual orientation of the prospective adoptive parents.