A four-year-old was in danger of being orphaned. The biological father is seriously ill, and the other father has not yet been recognized by Italian law. Both parents had been legally recognized in Canada, where the child was born through gestation for others. So far they had not been able to get the birth certificate registered with double paternity. Now, however, the Juvenile Court of Trento has given the go-ahead to the couple for stepchild adoption, the adoption by the partner.
The lawyer Michael Giarratano who followed the case explained to the Corriere della Sera: «Given the seriousness of the situation and the concrete risk that the child would remain an orphan, the juvenile court of Trento and its president, Giuseppe Spadaro, have tried to complete the whole process in the shortest possible time, in any case carrying out a complete investigation with the social services that carried out the investigation and the necessary hearings”. In four months a journey was made that usually can take years.
The lawyer adds: «Fortunately, the biological father of the child is now in stable condition, but in another similar case that I followed a few months ago in Milan, the legal father of a child died suddenly due to an accident and the son found himself effectively an orphan.”
With the excerpt of the stepchild adoption from the law on civil unions, there is no regulation in Italy of situations of this type. Giarratano himself explained to Vanity Fair his story of stepchild adoption. «When we returned to Italy, Luca and Alice, who as American citizens had two fathers and therefore two parents, found themselves for years having only me as their legal parent. This didn’t stop us from being a family, but it certainly created us various bureaucratic inconveniences, until we obtained the adoption in particular cases of Sergio of the children by the Bologna Juvenile Court. It is surreal and sad having to adopt one’s children but, to date, adoption remains the most certain way for the protection of same-parent families, which are prevented from proceeding with the administrative registry».
Source: Vanity Fair
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