La filiazione omogenitoriale

Di Michela Labriola -

This article analyses the evolution of the Italian law and jurisprudence about same-sex parenting in a comparative perspective. The article highlights issues related to the recently approved piece of Italian legislation (L.76/2016) ruling about civil and common law partnerships. In particular it highlights critical issues stemming from the interpretation and application in Italy of a patchy body of norms. As a result the jurisprudence had to adapt domestic and international legal principles in order to overcome any referencing to the parents’ sexual orientation and gender identity. By conforming to transnational judicial rulings, Italian jurisprudence attempts to overcome adjudicating asymmetrical ward. The judges apply the constitutional principle of equality taking into account a rigorous analysis of the social context.

7_La filiazione omogenitoriale