Visitation rights in case of refusal of the child
After the divorce, even if only one of the former spouses is the sole custodian of the child, still the noncustodial parent is granted with visitation rights. Visitation rights consist of the right of the divorced parent to maintain meaningful relationships with their children. Usually, the days and hours and any extended periods of time […]
Recognition of abroad surrogacy
According to a recent interpretation, the child’s right to the respect of private life, under Article 8 of the European Convention on Human Rights, requires the States to provide for the possibility of recognizing the relationship of parentage between a non-biological mother and a child born through surrogacy. According to the interpretation of the European […]
Equal time in co-parenting
Co-parenting is a principle established by the legal system that allows the active participation of both parents in the life of the progeny, having as the main measure the shared custody. The principle of co-parenting, however, does not involve the mathematical division of time to be spent with the children, but rather the active and […]
Prevalent residence order of the child and limited visiting rights does not exclude shared custody
By judgement no. 22219/2018 the Italian Supreme Court has confirmed that, in the context of shared custody regime, it is possible to limit husband’s right to visit and ordering child’s prevalent residence at mother habitation. Italian legislation about shared custody does not exclude the prevalent residence of the child at one of spouses’ residence. In […]
Guide to Italian Stepchild Adoption
The stepchild adoption has existed since 1983 with Law no. 184. However, the application of the law was limited only to heterosexual couples. Law no.184 permits the adoption of the biological child of one of the spouses. In particular, this adoption requires the following elements: The consent of the biological parent; The consent of the […]