Mar 13 • 09:54 UTC 🇮🇹 Italy La Repubblica

Adoption, the juvenile court opens to civilly united gay couples: 'Banning it is discriminatory'

The juvenile court in Venice has referred a case involving a civilly united gay couple seeking to adopt a child from an orphanage abroad to the Constitutional Court for a ruling on the constitutionality of their exclusion from adoption.

The Juvenile Court of Venice has brought a significant case to the attention of Italy's Constitutional Court regarding the adoption rights of civilly united gay couples. The court is evaluating whether Article 29 bis of the current adoption law, which prevents same-sex couples from adopting, is unconstitutional. This ruling could potentially change the landscape for LGBTQ+ adoption rights in Italy, suggesting that the current prohibition might lead to unreasonable and discriminatory impacts for qualified couples wishing to adopt.

The couple involved, two men in their forties who have been civilly united since 2019, are described by the judges as a 'mature and balanced' pair who demonstrate trust and support for one another, even though their personalities differ. Their bond has been corroborated by reports from psychologists and social workers, highlighting their capacity to provide a stable and loving environment for a child. The court’s decision to elevate this matter to the Constitutional level signals an important moment for LGBTQ+ rights in Italy and emphasizes the need for equality in adoption processes.

If the Constitutional Court finds the exclusion of civilly united gay couples from adoption unconstitutional, it would pave the way for greater acceptance and equal rights within the adoption system, addressing longstanding discriminatory practices. Such a ruling could enhance the legal framework supporting LGBTQ+ families in Italy, reaffirming that love and commitment, regardless of sexual orientation, should be the basis for forming a family.

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