Decision of the Juvenile Court of Rome 22 September 2015

The Juvenile Court of Rome upheld the application of a woman to adopt a minor born from her same-sex partner. The Court ascertained that the two women had shared for long time the desire to become mother and, after recourse to medically assisted procreation, had taken care together of the little girl so that each of them was perceived by latter as being her mother. The Court observed that same-sex marriage is not envisaged in national legislation; its decision was founded, however, on Articles 44.1.d and 7 of law No. 148/1983 and subsequent modifications, concerning “adoption under particular circumstances”. Law No. 148 allows not married persons to adopt a child, if all other requirements under the Law are met and, most in particular, if the adoption is in the child’s best interest. These provisions apply irrespective from the sexual orientation of the adopting persons. As the Court noted,  a different interpretation of law No. 148/1983 would be not only incompatible with the equality principle in the recognition of inalienable human rights (Articles 2 and 3 of Constitution), but also with respect for private and family life and the prohibition of discrimination (Articles 8 and 14 of the ECHR) as these principles have been interpreted by the European Court of Human Rights.