Legal Protection for LGBTQIA+ Families

Addressing legal issues related to your family requires sensitivity, clarity, and deep legal expertise. For same-sex couples, the path to having their rights recognized and protecting their children can present specific complexities that necessitate targeted legal assistance. Fully understanding the regulatory framework and the opportunities offered by the law is the first step towards building a serene and protected future for yourself and your loved ones. As a family lawyer in Milan, Avv. Marco Bianucci assists couples and families on this journey, offering legal support based on listening and defining personalized strategies.

The Regulatory Framework: The Cirinnà Law and Civil Unions

The introduction of Law no. 76/2016, known as the Cirinnà Law, represented a fundamental step for the recognition of rights for couples formed by same-sex individuals in Italy. Through the institution of the civil union, the law has extended to these couples a series of rights and duties very similar to those provided for marriage. These include the mutual obligation of moral and material assistance, cohabitation, and rights regarding succession, healthcare, and social security. However, the law has not entirely equated civil unions with marriage, leaving some areas uncovered, particularly concerning the right to filiation.

Protection of Children: Stepchild Adoption and Recognition

The most delicate and complex issue for LGBTQIA+ families concerns the protection of children. The Cirinnà Law does not explicitly provide for adoption for same-sex couples, but it has paved the way for the application of so-called stepchild adoption (adoption of the partner's child). This instrument, provided for by the law on adoptions in particular cases, allows one of the partners to adopt the other's child, whether biological or adopted. This is a procedure that is assessed on a case-by-case basis by the Juvenile Court, whose sole and supreme interest is the well-being of the minor. Another legal challenge concerns the recognition in Italy of foreign judgments relating to children born through medically assisted reproduction techniques or surrogacy, a field with continuously evolving case law that requires in-depth analysis and strategic legal action.

The Approach of the Bianucci Law Firm

The approach of Avv. Marco Bianucci, a family lawyer with extensive experience in Milan, is based on a detailed and personalized analysis of each individual family situation. Understanding the dynamics, expectations, and needs of the couple is the starting point for developing the most effective legal strategy. Whether it is about establishing a civil union, initiating a stepchild adoption process, or fighting for the recognition of a parental bond, the Bianucci Law Firm offers clear advice and comprehensive assistance, guiding clients through every stage of the proceedings with professionalism and confidentiality. The goal is to ensure the maximum possible legal protection for the family unit, ensuring that every right is fully recognized and respected.

Frequently Asked Questions

What are the main differences between civil union and marriage?

The main differences lie in the absence of the duty of fidelity in a civil union (although the violation of the duty of moral and material assistance may have consequences) and, above all, in the regulation of filiation. The Cirinnà Law does not automatically extend to civil unions the rules on adoption and the presumption of paternity provided for marriage. Furthermore, the dissolution procedure for civil unions is faster, not requiring a period of mandatory separation.

How does stepchild adoption work in Italy for same-sex couples?

Stepchild adoption allows a partner to adopt the child of their male or female partner. The procedure requires an application to the competent Juvenile Court. The judge will assess the applicant's affective suitability, educational capacity, and the couple's stability, always prioritizing the minor's best interest in maintaining affective continuity with the de facto parental figure. The consent of the biological parent exercising parental responsibility is required.

What happens to children in the event of the dissolution of a civil union?

In the event of dissolution, if one of the partners has adopted the other's child through stepchild adoption, the rules provided for separation and divorce regarding child custody and maintenance apply. The judge will establish the custody arrangements (shared or exclusive), the child's residence, and any maintenance payments, basing every decision on the principle of the child's paramount interest.

Is it possible to dissolve a civil union?

Yes, it is possible. Unlike marriage, a period of separation is not required. Dissolution can be requested separately by one of the partners, three months after notifying the civil status office of the intention to dissolve the union. The procedure can be managed through negotiation assisted by lawyers or with a joint or judicial application in court.

Request a Consultation for Your Case

The regulations governing civil unions and child protection are constantly evolving and require careful and up-to-date analysis. If you wish to fully understand your rights and evaluate the most appropriate legal actions to protect your family, you can contact the Bianucci Law Firm. As a family lawyer in Milan, Avv. Marco Bianucci is available to provide clear and confidential advice at the firm's office at Via Alberto da Giussano, 26.