Resumen de “I ragazzi stanno bene”. La famiglia omogenitoriale, i best interests of the child e il silenzio legislativo
If the relationship between law and practice often ends up being complex and controversial, this is especially so in the case of the legal acknowledgement of nontraditional families and gay parenting. The Italian legal system currently provides inadequate protections for children of homosexual parents, whose familial relationships remain unrecognized and stigmatized in the eyes of the law. By not formally recognizing these parental relationships, the law denies those children many of the privileges currently provided to children of married, heterosexual parents, such as: health coverage pursuant to a parent’s insurance policy; economic security; access to social security in the event of one parent’s death; and, emotional security in the form of visitation and custody. Lately, in circumstances where a non-biological parent wishes to establish a legal parental relationship with a child, the Italian courts, in compliance with the European Court of Human Rights jurisprudence, has started to recognize these relationships, pending a dutiful regulation by the legislator. In all the examined cases, courts evaluate whether or not the decision would be in the “best interests of the child”. The best interests of the child have become the most important factor to be considered in all proceedings in which a child is involved. It is indeed an effective argument, because no one dares to challenge it when invoked. It would be unthinkable to place adults’ interests above the interests of children, wouldn’t it? This principle is suitable for all seasons and occasions, because we are far from agreeing on the matter: what are the best interests of the child after all? This is indeed the question.
