Acceso usuarios
Giusseppe Puma
This contribution analyses the judgement No. 9006 of 2021 delivered by the Italian Court of Cassation (Plenary Session) relating to the recognition in the Italian legal system of an adoption order issued by a United States court. This established, in accordance with the law of the State of New York, a parent-child relationship between a couple of men and a minor of American nationality. Firstly, the Court of Cassation stated that the effects of the adoption order were not inconsistent with public policy, given that the absence in the Italian legal system of a provision allowing adoptions by same-sex couples was to be considered irrelevant with regard to the notion of public policy. Secondly, the Court observed that the case at issue did not involve a gestational surrogacy arrangement, which, as such, is forbidden by Italian legislation. That prohibition is part of public policy as affecting the protection of human dignity.
