Omogenitorialità sociale e pluralismo dei modelli familiari in Europa

Abstract

Defining “family” is an extremely complex task, since no longer only the traditional, institutional, orderly one can be referred to as such, but also the “family relationships”, i.e. any group based on consent that constitutes a “continuum” of life, affection, intention and cohabitation, within which each member fully realizes his own personality. Therefore, the genetic origin no longer constitutes an essential requirement of the family, being also affirmed the legal significance of the so-called “social parenthood”, which, in a homosexual context, coincides with that of the biological parent’s partner who has established a consolidated emotional relationship with the child. However, the issue of social homogenitoriality does not find a univocal answer in the various European countries and is indeed heterogeneously outlined by each one. The effect to be avoided is that the condition of the children ends up being prejudiced as deprived of the right to have two parents, being able to find themselves, due to the loss of the biological one, also in a condition of adoptability, or even in a different state of filiation according to the regulatory system of reference, with clear violation of the principle of equality, understood as equal social dignity of all citizens and prohibition of legislative differentiations based on personal and social conditions.