L'adozione del figlio del convivente (omosessuale): la Cassazione accoglie l'interpretazione evolutiva dell'art. 44 lett. d), l. n. 184 del 1983

In the absence of express regulation, the Italian Supreme Court (Corte di Cassazione) recently ruled that a same sex partner is authorized to adopt the child of its partner based upon an extensive interpretation of article 44, paragraph I, lett. d) of the Italian Adoption Statute (l. 183/1983), finally confirming the interpretation of such article given previously by other lower Italian courts (either as a consequence of an evolutionary and extensive interpretation of such article, or though the enforcement in Italy of foreign judgements that recognized in Italy the adoption of same-sex couples legally obtained in other jurisdictions). The paper focuses on the evolution of the interpretation of the provision of the Italian Adoption Statute, as well as on the relationship between such interpretation and the absence of an express ruling of the “step-child adoption” and more in general of the same-sex couple adoption in the new law on Civil Unions.