Crime and Court news / Society

Legal uncertainty on gay families status drags on in Italy

The Government-sponsored Bill on the civil partnerships between homosexual people will not be debated by the Italian Parliament before 2016, since the Chambers are now entering their budget session.

Meanwhile the practical regulation of the new family models is left to the Courts which, unsurprisingly, are giving mixed signals.

The Council of State, the highest Administrative Court, has ruled that the Prefects can revoke the transcription of foreign gay marriages ordered by some Mayors in their capacity as State Registrars. However, the Administrative Courts cannot overrule the ordinary Courts, which had ruled otherwise. Indeed, the ordinary Court of Rome has recently authorized the adoption of a child by the female common law spouse of the mother.

Finally, a legal battle is likely to follow the decision by the Prefect of Naples to revoke a birth certification reporting that a child is the daughter of two women, id est the biological mother and her wife according to Spanish law.

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