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RAINBOW FAMILIES, ITALY REMAINS LAGS BEHIND

Which is the situation in Italy, in Europe and in the world? Ferdinando Poscio and Ilse van Gasteren respond in a double interview
By Michela Offredi
24 Jun 2024

Ferdinando Poscio, What does it means to be a rainbow family in Italy today?

In Italy, same-sex couples encounter significant obstacles when it comes to having children. Both adoption and assisted reproduction are prohibited for them and singles. Consequently, assisted reproduction abroad is the only available option. However, this process is costly and adds layers of legal complexity as Italian legislation fails to recognise non-biological parents, leaving their children without any rights toward them. In 2021, our Constitutional Court highlighted a legislative gap and urged Parliament to recognise same-sex couples’ children, but no action has been taken. While recent case law allows non-biological parent adoption, the process remains burdensome and may last up to several years. During this time, non-biological parents have no duty or responsibility towards their child, leading to a host of challenges and complications. In brief, rainbow families are denied the same rights of the other families. We hope that Parliament will soon ensure equal rights for these all families, by introducing equal marriage and enabling recognition of same-sex couples’ children from birth.

Does it help to belong to a “big family” like Clifford Chance?

It does indeed. At Clifford Chance, we deeply value diversity and inclusion. We are committed to ensuring that everyone, regardless of gender, race, disability, sexual orientation, or any other difference, has equal opportunities to succeed. And we know that providing equal opportunities means going beyond mere compliance with anti-discrimination regulations. That’s why, for example, we offer to same-sex couples equal benefits, including healthcare coverage and parental leave for non-biological parents. Our Firm environment has also fostered a workplace where people can openly be themselves. My family has been warmly welcomed, and my needs as a parent have been accommodated with understanding and support from colleagues and management.

Which is the situation of rainbow families in Europe, also with respect to what the company does?

Rainbow families’ rights in Europe varies widely among countries. The Netherlands, Belgium, Spain and Sweden have made significant strides in granting rights to LGBTQ+ individuals, while Italy remains lags behind. Greece recently legalised same-sex marriage and adoption. At Clifford Chance, we are actively engaged in supporting LGBT+ rights. In Italy, we have a longstanding collaboration with Famiglie Arcobaleno, providing them with assistance on various key matters, including a petition to the European Court of Human Rights. We also undertook a comparative research for them and Rete Lenford, examining the legislation on the recognition of LGBT+ couples’ children across 13 European jurisdictions. The resulting report offered valuable insights for legislative proposals and strategic litigation.

Ilse van Gasteren, what does it means to be a rainbow family in The Netherlands today?

The Netherlands is quite a progressive country when it comes to LGBT+ rights. Same-sex marriages are possible since 2001 and registered partnership with similar rights to marriage is also possible for same-sex couples. When it comes to rainbow families and same-sex couples having children,Dutch law provides for several possibilities. Adoption by the non-biological mother is possible, and the adoption filed after birth can have retro-active effect to the moment of birth. Also same-sex male couples are allowed to adopt children and become legal parents.A child however can only have two formal parents.

Furthermore, Dutch law also allows for recognition of a child by a same-sex partner of the biological mother. There is even an automatic legal parent status for the non-biological mother if the same-sex couple is married or are registered partners, or if the birth is registered and the donor is anonymous.

This means that rainbow families are generally accepted in The Netherlands and are largely offered the same rights as other families.

Does it help to belong to a “big family” like Clifford Chance?

For me it is very important to be part of the Clifford Chance family. I have never encountered discrimination or any other treatment because of being in a same sex partnership. Also, when our children were born, we were treated in the same manner as other families within Clifford Chance, when it comes to parental leave options but also smaller things like birth presents and visits from team members and colleagues. I believe that our firm genuinely invests in an inclusive workplace and the possibility for all to be their true self. This is so important for companies, and I am proud that Clifford Chance plays its part well.

Which is the situation of rainbow families in the world, also with respect to what the company does?

LGBT+ families’ rights globally vary due to cultural, legal, and social factors, often facing discrimination, lack of recognition and limited access to services. Progressive countries like Canada, the United States, and Australia recognise and protect LGBT+ rights, but in jurisdictions like Saudi Arabia, Iran and Nigeria, homosexuality remains criminalized, with severe penalties, including imprisonment and even death. Our firm recognizes the importance of supporting diversity and inclusion, advocating for equal rights and opportunities for all families. From Poland to Singapore, London to Brazil, we are working in courtrooms and communities to make sure no one ever feels that they will face a life of marginalisation simply because of who they are and who they fall in love with.

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