The Same-Sex Parented Family Option:
The View from Italian Case Law  

by Gianni Ballarani

The essay offers a critical look at the recent Italian case law on same-sex parenting, investigating the relationship between the adult freedom of self-determination in the family sphere and the best interests of the child. After investigating the legal meaning of this formula as it is understood under the Italian legal system, the essay examines whether the original legislative framework aimed at the superiority of the child’s interest has given way, in the case law, to an adult-centric path. Moreover, this topic represents an important challenge for the ‘argumentation by principles’ and for the subsidiary role of the legal institutions (Legislator and Courts), with regards to the freedom of self-determination of adults and the position of the child.

DOI 10.23815/2421-2156.ITALJ           ISSN 2421-2156

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