Decision of the Court of Appeal of Rome, Section for minors, 20 October 2015

The Court of Appeal in Rome confirmed the decision of the Juvenile Court in Rome authorizing the adoption of a little girl, born through medically assisted procreation, by the woman who lived with the biological mother.  The Prosecutor for juveniles had challenged the decision with an appeal, arguing that Article 44.1.d of law No. 148/1983, which allows adoption, under certain circumstances, also by non married persons was not applicable in the case; and this because there was a biological mother, who tooks care of the minor and exercised over her parental authority. Based on earlier jurisprudence of the Constitutional Court and the Supreme Court of Cassation, the Appeal Court ruled, however, that the decision of first instance was correct: the decision was intended to make that the best interest of the child can prevail (the rationale for Law No. 148); it not aimed to protect – as alleged by the Prosecutor – the two women’s interest to obtain in court the recognition of a kind of family based on same-sex love relationship, which was not envisaged in Italian legislation.