Italian Civil Unions Explanation

Over 25 million Italians have emigrated between 1861 and 1960 with a migration boom between 1871 and 1915 when over 13,5 million emigrants left the country for European and overseas destinations.
jennabet
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Italian Civil Unions Explanation

Postby jennabet » 27 Feb 2016, 11:59

There is nothing in the explanation of the new Civil Unions law regarding Italian citizenship for the non-Italian partner in a civil union. Italian citizenship through marriage is a constitutional right granted to opposite sex partners in a constitutional marriage. Civil Unions are not equated with constitutional marriage.
http://www.ansa.it/english/news/general ... 5a7c7.html

clearly
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Re: Italian Civil Unions Explanation

Postby clearly » 28 Feb 2016, 18:34

the Ansa English summary is not complete and a further review of the law, as approved by the Senate does indicate that citizenship may be able to be acquired by the non Italian partner in a Civil Union:

I have read that:
Article 20 of the "maxi-amendment" (former article 3, paragraph 4 of the project of law) requests that every norm in every part of Italian law which applies to "marriage" or includes the words "spouse" or "spouses" or similar words, will apply to civil unions, apart from some norms of the civil code (among them, the most relevant are about the way a person becomes legally parent inside the marriage, particularly the rule that you are legally parent if your wife has a child during marriage..) and what it is related to adoption of children.
In any other respect, civil union and marriage give to the parts the same rights.

In Italian Article 20 reads:
20. AI solo fine di assicurare I'effettivita della tutela dei diritti e il pieno
adempimento degli obblighi derivanti dall'unione civile tra persone dello stesso
sesso, Ie disposizioni che si riferiscono a! matrimonio e le disposizioni
contenenti Ie parole «coniuge», «coniugi» o termini equivalenti, ovunque
ricorrono nelle Ieggi, negli atti aventi forza di Iegge, nei regolamenti nonche
negli atti amministrativi e nei contratti collettivi, si applicano anche ad ognuna
delle parti dell'unione civile tra persone dello stesso sesso. La disposizione di cui
a! periodo precedente non si applica aile norme del codice civile non richiamate
espressamente nella presente Iegge, nonche aile disposizioni di cui alia Iegge 4
maggio 1983, n. 184. Resta fermo quanto previsto e consentito in materia di
adozione dalle norme vigenti.

jennabet
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Re: Italian Civil Unions Explanation

Postby jennabet » 29 Feb 2016, 10:39

I don't agree, particularly since step-child adoption was omitted from the bill. An Italian citizen is not allowed to adopt the biological child of the same-sex partner, thereby not being able to transmit Italian citizenship to that child. If the non-Italian same sex partner were able to obtain Italian citizenship through a civil union, he could transmit citizenship to his own child. If there is no Italian citizenship for a child through step child adoption, there will be no Italian citizenship for a foreign partner in a civil union. It only makes sense. Civil unions are not to be equated with constitutional marriage except in the case of the few civil rights that have been granted through the passage of the bill.

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Re: Italian Civil Unions Explanation

Postby clearly » 29 Feb 2016, 13:33

equated with ... marriage except in the case of the few civil rights that have been granted through the passage of the bill.


which does seem to include the acquisition of Italian citizenship by the non-Italian partner in a Civil Union in accord with Article 20 of the max-amendment.

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Re: Italian Civil Unions Explanation

Postby clearly » 03 Mar 2016, 14:08

If the non-Italian same sex partner were able to obtain Italian citizenship through a civil union, he could transmit citizenship to his own child. If there is no Italian citizenship for a child through step child adoption, there will be no Italian citizenship for a foreign partner in a civil union. It only makes sense


the scenario you proffer is in fact what will occur based on Article 20 of the maxi-amendment approved by the Senate. the non Italian same sex partner will be able to acquire Italian citizenship, generally taking 3-5 years (as per JM) and then he/she could transmit that citizenship to his/her child.

the removal of the "step child adoption" clauses dealt with a completely different matter: the recognition as parent of the biological child by the same sex partner in a civil union

Of course the Civil Unions law passed by the Senate is not yet law. there remain a few more steps before that will happen


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