La trascrizione del certificato di nascita del figlio di coniugi “same sex”. Filiazione omogenitoriale, ordine pubblico internazionale e interesse del minore nella recente giurisprudenza torinese

Abstract

The Court of Appeals of Turin orders the registration of the birth certificate of the son of a same-sex couple, who married in Spain (being a mother Italian, the other one Spanish). It is an unprecedented decision, because up to now LGBTIQ people could only aspire (and even that was not certain) to adopt the partner's child (step-child adoption), whilst today a son appears on a birth certificate as having two mothers. A good occasion to think of the concepts of same-sex progeny, international public order and interest of the minor and, furthermore, to observe on the one hand, the spread of what I call legal epigenetics and, on the other hand, the erection of a proper Sexuality & Gender Law.