La Corte costituzionale e il figlio di coppia omoaffettiva. Riflessioni sull’evoluzione dei modelli di adozione (nota a Corte cost., 28 marzo 2022, n. 79)

Di Mirzia Bianca -
The decision of the Constitutional Court, which is the subject of this article, in declaring the constitutional illegitimacy of Article 55 of the Adoption Law, where it excludes kinship relations between the adopting party and the adopted person, completes the implementation of the principle of equality in filiation relations, also with reference to the adoption in special cases. This solution can be fully supported with reference to the adoption of the same-sex partner’s child in cases of planned parenthood pursued abroad, the case that gave rise to this decision. In fact, in those cases there is no family of origin opposed to the adoptive family. The extension of kinship is, however, mor. . .