Recognition of parenthood in same-sex couples in Italy

Aug 31, 2020

Italy has recognised same-sex civil unions since 2016, which basically provides similar legal protections to the opposite-sex marriage. However, there are actually some differences, especially regarding the adoption of a child.  

In April 2020, the Italian Supreme Court denied to a couple of same-sex union (two mothers united in civil union), the possibility of recognizing jointly the child who was born in Italy but conceived abroad through the use of medically assisted procreation, carried out with the biological contribution of only one of the two women but with the consent of the other, which is actually not in accordance with the provisions established in article 4 of the Law n. 40/2004.

This short article provides some updates regarding the same-sex unions in Italy and the Court’s view regarding the adoption of a minor in a civil union.

Keywords: same-sex couple / Civil Union (Unione Civile) / Italian Court of Cassation / Adoption / biological link / child’s interest / limitations applied to Civil Union / Parenthood

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Marco Mazzeschi

Attorney at law. One of the leading corporate immigration lawyers in Italy. Admitted to the Milan Bar Association (1988) and to the Taipei Bar Association (2016), a member of the American Immigration Lawyers Association (AILA) and an accredited partner of Invest in Tuscany.

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