The Author analyses the decision from the European Court of Human Rights, Grand. Chamber, 19-2-2013, n. 19010/07 (X. vs. Austria), according to which the stable relationship of a cohabiting same-sex couple falls within the notion of "family life" pursuant to art. 8 of the ECHR read in conjunction with art. 14 ECHR, in the same way that a couple of different sexes would fall into the same situation. The Austrian law (art.182 ABGB) which allows, with the consent of the other natural parent of the minor, the adoption of the partner's child to unmarried couples, but not to same-sex couples, infringes the art. 14 ECHR in combination with art. 8 of the ECHR, because in this case the difference in treatment, being based only on sexual orientation, turns out to be unjustified. The Author criticizes some aspects of the reasoning of the sentence but investigates what could be the remedies offered by Italian law in similar cases.
|Translated title of the contribution||[Autom. eng. transl.] Second parent adoption and homogeneity|
|Number of pages||22|
|Journal||EUROPA E DIRITTO PRIVATO|
|Publication status||Published - 2014|
- stepchild adoption