Child adopted abroad by gay couple, yes to the transcription in Italy

If the adoption of a child by a couple of same-sex parents is ratified abroad, the measure can be also transcribed in Italy.

The Supreme Court rejected the appeal by a Lombard mayor, contrary to the ruling of the Court of Appeal of Milan, which in 2017 approved the recognition of the adoption of a child of about ten years by the two fathers, an Italian citizen and an American citizen, married in New York. The judges validated the transcription, in the Italian registry office, of the adoption, which took place in the United States.

According to the Supreme Court, “it does not conflict with the principles of international public order the recognition of the effects of a foreign judicial provision for the adoption of a minor by a male homosexual couple that attributes parental status according to the model of full or legitimizing adoption “. The fact that “the family unit is homogenitorial” cannot represent an “obstacle to adoption”, as long as the “surrogacy” agreement is excluded.

The Supreme Court also underlined that the provision for the adoption of the child “was not based only on the consent of the biological parents but also on the results of an investigation relating tofitness of the couple adopter “:” the judicial review was not limited to the confirmation of the consent of the minor’s parents but had an overall character, involving all parts of the trial “.

The judges also recalled that the Council has already “urged the legislator” several times, so that they come extended «the conditions of access to the legitimizing adoption “. For decades, in fact, “requests for the establishment of adoptive parental status by persons other than heterosexual married couples” have been presented.