Special adoption request by intended parent rejected in absence of strong relationship with the child
Contents for term
Special adoption request by intended parent rejected in absence of strong relationship with the child
Request to register both women and not only the giving-birth mother as mothers of a child born through recourse to heterologous MAR - civil registrar cannot receive intentional parent’s statement aiming at establishing a a parent-child relationship
Civil partnership – Automatic dissolution of civil partnership in case of judicial correction of one party’s assigned gender – The judge suspends the effects of the civil partnership until the celebration of the marriage and, in any case, not later than one hundred and eighty days from res judicata of the gender rectification judgment, if the two parties express, personally and jointly, their intention to marry until the required hearing
Violation of Article 8 and Article 14(+ Article 8) - Disproportionate dismissal of teacher in relation to photos posted on her private social media profile - Difference in treatment based solely on considerations of sexual orientation without particularly convincing and weighty reasons
Adoption of a child by same-sex couples - Assessment of withdrawal of consent to adoption by the biological parent - Assessment of the child's best interests
Recognition of judgment delivered by foreign judge regarding intended mother’s full adoption of a child, biological son of one of the two partners of a female same-sex couple married abroad – Request for transcription of foreign birth certificate – Child born abroad by medically assisted reproduction
Dissolution of civil partnership - Necessary prerequisites for entitlement to an allowance
Store manager's request to a homosexual couple to stop 'amorous scenes' and attempt to remove them forcibly - Use of homophobic stereotypes in domestic rulings including that homosexuality is a pathology and that queer expressions of affection are always erotic – Domestic court’s justification of the ejection of the couple based on 'respect for morality' and 'the best interest of the child' in the light of a purported scientific consensus on the consequences of the exposure of children to homosexual behaviour – Violation of the right to personal liberty, privacy and equality befor
Refusal of the civil registrar to two women’s request to correct their child’s birth certificate by naming both as mothers – Child born in Italy through recourse to medically assisted reproduction carried out by a female same-sex couple
Judicial correction of the assigned gender – Possibility of ordering the relevant civil registrar to register the marriage instead of dissolving the civil partnership, subject to a joint declaration by the parties
Adoption of children “in special cases” – Recognition of kinship resulting from adoption – Violation of the principle of the equal treatment of all children, regardless of whether they are born in or out of wedlock or adopted
Survivor’s pension – Members of a civil partnership – National legislation making the grant of a survivor’s pension conditional upon the entry in the national register of a partnership that was validly concluded and registered in another Member State
Judge Rapporteur: M. Safjan
Status of child born (in Italy) through recourse to heterologous medically assisted reproduction (MAP), carried out by a female couple – Possibility of granting the status of child recognised also by the intentional mother, where the conditions for ‘‘adoption in special cases’’ are not fulfilled even though the courts have established that such recognition would be in the interests of the child
Foreign decree recognising the parental relationship between a child born abroad as a result of surrogacy and the “intended parent” – Current lack of protection for the interests of the child
Border controls, asylum and immigration – Common procedures for granting and withdrawing international protection –Circumstances which already existed before a procedure relating to a previous application for international protection was definitively concluded
Judge Rapporteur: L.S. Rossi
Birth certificate issued by that Member State mentioning two mothers in respect of that child – Refusal by the Member State of origin of one of those two mothers to issue a birth certificate for the child in the absence of information as to the identity of the child’s biological mother – Persons of the same sex not recognised as parents under the national legislation of that Member State of origin
Judge Rapporteur: M. Ilešič
Assisted Reproductive Technologies - Ban on same-sex couples and penalties for non-compliance - Alleged infringement of the fundamental right to parenthood in same-sex couples, unequal treatment on the basis of sexual orientation and economic conditions, violation of maternity protection, human dignity and the right to health, as well as the right to respect for private and family life and the prohibition of discrimination provided for by the ECHR and other international sources
Registration in Italy of foreign judgment regarding same-sex couple's adoption of child - Italian legislator does not approve same-sex couples' adoption
Inability to register in Italy same-sex marriage celebrated abroad between an Italian citizen and a foreigner - Marriage performed abroad by a same-sex couple in Italy corresponds to a civil partnership
Civil partnership – Correction of birth certificate and record by cancellation of the entry concerning the choice of surname