File talk:Same-sex Adoption Map Europe.svg

Italy

What’s this contention (which I also see elsewhere on Wiki) that there is no stepchild-adoption for same-sex couples in Italy? JackPhotograph has taken Italy out here on 4 July 2022, pretending that "Stepchild adoption is not legal in Italy, it can only be recognized by court order under very limited circumstances".

In the article LGBT rights in Italy it is correctly stated:

"The possibility of adopting one's same-sex partner's child through the "adoption in particular cases" provision was confirmed by the Court of Cassation in a decision published on 22 June 2016. This provision implies resorting to a civil lawsuit where "a rigorous factual investigation carried out by the court, effectively ascertains that adoption is in the child's best interest"."

Adoption is by court order in most countries, and the first, almost universal, condition is that the adoption is in the best interest of the child. Nothing odd or limiting here. And I don’t see what the "very limited circumstances" could be. The provision applied is Article 44(1)(d) of the Adoption Act (Act183/84). When you look at the sources, under the case law, you qualify for that once you are living with the child and the child’s legal parent. That’s what is basically needed. Yes, the process is slow and cumbersome – and therefore clearly discriminatory. But it’s stepchild-adoption and it’s available.

There is no reason to exclude Italy from the map as admitting stepchild-adoption. Adoption was indeed explicitly excluded from the civil union legislation, but the law said just as explicitly that this did not affect any rules on adoption already in force. And then the courts (including the Court of Cassation) confirmed that the rules already in force allowed stepchild-adoption by the same-sex partner of a parent. Vollis (talk) 20:10, 21 February 2024 (UTC)