Genitori dello stesso sesso in Spagna. Prospettiva dal sistema legale italiano

The objective of this paper is aimed at demonstrating that same-parenting is not harmful to the welfare of the child, but can, under certain conditions, safeguard the child's best interest. To begin with, the investigation delves into the incessant development of social reality, in which the family has changed meaning. The traditional family structure, based on marriage between two opposite sexes, has been replaced by newer family models, different in composition, nature and sexual orientation. In addition, the marital bond has become increasingly unstable, leading to the formation of reconstituted families, which are distinguished by the complex legal and social relationships that take shape within them. Therefore, it is essential to examine how parenting measures are addressed with regard to same-sex couples. Such couples may be formed by individuals who have experienced previous heterosexual relationships, often bringing with them children from previous marriages, or by those who create a union ex novo, with a shared parenting plan. An examination of the legal solutions adopted by Spain, a country close to us, and the rulings of the Edu Court at the international level will provide new insights into the decisions made by our legislature. Finally, an analysis of jurisprudential developments in this area will allow us to determine whether the attempt of the Italian courts to fill the legislative gap has produced positive results in line with the constitutional mandate.