Coppie omoaffettive e genitorialità nei più recenti indirizzi della Corte costituzionale
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Marco Parisi [1]
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[1] University of Molise
University of Molise
Campobasso, Italia
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- Localización: Il Diritto ecclesiastico, ISSN 1128-7772, Vol. 132, Nº. 1-2, 2021, págs. 75-101
- Idioma: italiano
- Títulos paralelos:
- Homosexual couples and parenting in the most recent addresses of the Constitutional Court
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Resumen
The Constitutional Court, in two judgments of March 2021, intervened on ethically sensitive issues of close relevance, such as the heterologous fertilization and the surrogacy, addressing a strong warning to the legislator to fill, in a short time, the persisting regulatory gaps in these matters. This in the light of an evolutionary reading of the constitutional text, in the name of protecting the pre-eminent interest of the child to whom the illegitimacy of any compression of the rights of the born is linked.
By means of these two pronunciations, it is markedly highlighted that the point of the question is the right of the child to the stability of the affective relationships. They must be guaranteed, both in the case of homogenitorial families or in the case of families formed by parents of different sexes. A need that should be met as soon as possible, not excluding that the judges of the laws can intervene further, adopting the innovative decision-making technique already in place with some ordinances of 2018 and 2019
