Italy leaves children of same-sex parents in limbo

Despite the growing acceptance of same-sex marriage and the legalization of adoption by same-sex couples in many countries, there is still no legal recognition for the second parent in a same-sex family. This means that only one parent is recognized by law, while the other is invisible. This legal limbo results in a unique set of vulnerabilities for LGBTQI+ families.

When it comes to parental rights, the law often falls short in protecting same-sex relationships. For instance, when same-sex couples have a child together, the biological or legal parent is automatically granted custody of the child. This is true even in cases where the non-custodial parent is biologically related to the child. In many cases, the non-custodial parent is forced to go through a lengthy and expensive process to gain parental rights.

For non-biological parents, the situation is even more precarious. They may have no legal rights whatsoever, not even the right to visit the child. This situation is particularly problematic in cases where one partner is the biological parent, and the other partner raises the child full time. The non-biological parent may have no legal claim to the child, even if they have been there to support and care for them from birth.

This legal invisibility has numerous consequences for same-sex parents and their children. Even something as simple as enrolling the child in school or seeking medical care becomes more complicated when only one parent is recognized by law. In some cases, LGBT families have been forced to jump through numerous bureaucratic hoops just to have access to basic parental rights.

Many activists and legal experts argue that this situation amounts to a violation of basic human rights. They argue that the state has a responsibility to protect families of all kinds, regardless of sexual orientation or gender identity. This means creating laws that recognize the rights of both parents in a same-sex family and ensuring that these families have equal access to legal protections and benefits. Only in this way can we create a society that truly values and supports all families.



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