Parliamentary question - E-001416/2023Parliamentary question
E-001416/2023
European Parliament

The rights of Rainbow families in Italy

2.5.2023

Answer in writing

Question for written answer  E-001416/2023
to the Commission
Rule 138
Fabio Massimo Castaldo (NI), Marc Angel (S&D), Malin Björk (The Left), Pierre Karleskind (Renew), Tiziana Beghin (NI), Mario Furore (NI), Sabrina Pignedoli (NI), Maria Angela Danzì (NI), Laura Ferrara (NI), Karima Delli (Verts/ALE), Sophia in 't Veld (Renew), Gwendoline Delbos-Corfield (Verts/ALE), Rasmus Andresen (Verts/ALE), Radka Maxová (S&D), Irène Tolleret (Renew), Hilde Vautmans (Renew), Frédérique Ries (Renew), Karin Karlsbro (Renew), Marianne Vind (S&D), Milan Brglez (S&D), Valérie Hayer (Renew), Monika Vana (Verts/ALE), Tilly Metz (Verts/ALE), Dietmar Köster (S&D), Olivier Chastel (Renew), Brando Benifei (S&D), Francisco Guerreiro (Verts/ALE), Karen Melchior (Renew), Saskia Bricmont (Verts/ALE), Andreas Schieder (S&D), Birgit Sippel (S&D), Sara Cerdas (S&D), Josianne Cutajar (S&D), Viola von Cramon-Taubadel (Verts/ALE), Malte Gallée (Verts/ALE), Cyrus Engerer (S&D)

In Italy, a lack of specific legislation allowed mayors and municipal officials the power to grant legal guardianship to same-sex parents. However, in January, the home affairs ministry issued a communication urging local authorities to abide by the Italian high court ruling stating that the recognition of same-sex parents could only be guaranteed in cases of adoption.

During Parliament’s debate in March, Commissioner Dalli stressed that ‘in adopting and applying their own rules on family law, Member States should not forget their obligation of non-discrimination as a fundamental principle established in the EU Treaties and in international law’[1]. In an answer to a written question, Commissioner Reynders, referred to Member States’ ‘obligation to recognise the parenthood of a child with same-sex parents for the purposes of the exercise of the rights derived from EU law’[2].

Recently, the public prosecutor’s office in Padua asked the municipality to provide the birth certificates of children of same-sex parents registered from 2017-present in order to review them[3].

What actions does the Commission intend to take to ensure that the rights of parents and their children living in Italy are respected and that the Italian government abides by EU law?

Supporter[4]

Submitted: 2.5.2023

Last updated: 22 May 2023
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