Tech & Rights

Love Doesn't Win: Italy's Civil Unions Bill Is a Hollow Victory

Italy is one step closer to joining other EU countries on marriage equality, but the new civil unions bill has been weakened by the elimination of the stepchild provision.

by Corallina Lopez Curzi
Those with the most to lose under Italy's new civil union law are children.
The controversial stepchild provision was removed in order to find a separate parliamentary agreement on the issue.

Italy - which is the only major Western country that does not give any legal recognition to same-sex couples - is finally making a step forward on the matter of LGBT rights, with the much-discussed civil union bill having been approved by the Senate.

While this is the first significant win for gay rights after years of failed attempts - and Prime Minister Renzi has branded it "a momentous victory," even tweeting shortly after the bill's approval, "Love Wins" - many LGBT activists are calling it a hollow victory.

Love Wins? Not Really

The legislation passed by the Senate will allow same-sex couples to enter civil unions, providing legal rights similar to those deriving from marriage (minus the requirement of faithfulness), but a critical provision - arguably the most controversial part of the text - has been struck down from the text.

The crucial stepchild provision, which would have granted non-biological parents in same-sex unions some parental rights, has been stripped out of the bill in order to find a parliamentary agreement.

The stepchild adoption clause would allow one partner in a civil union to adopt the other partner’s biological child, and many legal experts consider it to be the minimum requirement to ensure continuity of care for children living with gay parents in the event that the biological parent dies or becomes incapacitated.

Under current law, such children risk ending up in the foster care system, as their non-biological parent has no legal custody rights.

Children lose

In other words, the elimination of the stepchild provision implies a severe diluting of the impact of the bill, and it is especially problematic for the children involved.

Under current law, children risk ending up in the foster care system, as their non-biological parent has no legal custody rights.

As it is now, the law basically ignores the existence and the needs of the sons and daughters of homosexuals couples, say rights groups Arcigay and Famiglie Arcobaleno.

Monica Cirinnà, the bill's author, was also less than enthusiastic about the outcome of the parliamentary discussion: "This is a victory with a hollow heart [...]. This is a very important measure, but I am still concerned about the children of so many of my friends."

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