The demonstrations in the streets are over, now it is up to the Parliament. After the Family Day, which took place at the Circus Maximus, in Rome, last Saturday, one week after the demonstrations for “Civil Unions” promoted by the LGBT associations in the center of the capital, the Cirinnà bill reaches the Senate. Despite the joint calls of the politicians of Catholic orientation, the government has not changed the text of the legislative decree. Thus, the bill undergo vote in its original formulation. Premier Matteo Renzi, to avoid shocks in the majority, gave freedom of conscience to the members of the Democratic Party who will be able to decide according to their ethical and religious convictions.
There are two parts of the bill that have fueled the political clash with the opposition of the centrists and even in the coalition that supports Renzi. The first point concerns the basic equivalence between recognized “homosexual couples” and the traditional family, recognizing the structural identity they want to create between marriage and civil union. This happens due to some rules borrowed from matrimonial legislation that would be applied to legalized cohabitation. Among them, for example, there would be prohibitive conditions, such as being under age, the existence of a previous marriage bond, kinship, and so on. Another controversial aspect concerns the duty of faithfulness, considered by some jurists one of the characteristic features of marriage.
In its essence, the Cirinnà bill, would create a “family” in alternative to the classic one, designed specifically for gay couples. The “ceremony” would take place in front of the civil officer and two witnesses, just like in the weddings, according to our legislation. As stipulated by the legal transaction would arise rights and duties similar to those of husband and wife. It will be possible to choose the property regime (communion or separation of property) and several financial and hereditary benefits – such as health care and the survivor’s pension in case of a partner’s death – will be introduced.
The most critical point is the so-called stepchild adoption, that is, possibility to adopt the biological child of the partner in certain cases. The concern repeatedly expressed by the Catholics, and not only, is that this law may encourage the practice of surrogacy, allowing actual adoptions. Whereas the ratio of “Stepchild Adoption” should be the safeguard of the existing offspring in cases of abandonment or death of the natural parent, in the absence of stricter discipline its entry into force could lead to same-sex couples to resort to women available for fertilization (sometimes for money) to have children of their own. The purpose of the law would be thus easily sidestepped. So much so that there are people who have expressed suspicion that the adoption of the stepchild might be a way to liberalize actual adoptions by homosexual partners.