Recognition of children in same-sex parent families will come before the Grand and General Council (Consiglio Grande e Generale) for examination in September. At the heart of the debate will be Arengo Petitions No. 48 and 49, submitted by the association LGBT+ 121, while in the coming days a ruling could also arrive from the Collegio Garante della CostituzionalitĂ delle Norme (the panel guaranteeing the constitutionality of laws) on a matter directly linked to the recognition of these family relationships.
Weighing in on the issue is Tomaso Rossini (PSD), who in a detailed statement places the protection of minors at the center of the discussion. “In September the Grand and General Council will be called upon to discuss the Arengo Petitions concerning the recognition of children in same-sex parent families. The debate promises to be a delicate one,” the statement reads.
The two petitions address distinct but related aspects. “The first concerns the recognition in San Marino of birth and adoption certificates issued abroad in which two parents of the same sex are listed. The second concerns the recognition of the responsibility of both parents in same-sex parent families,” Rossini explains.
According to the statement, the crux of the matter lies in the concrete consequences of the current legal framework. “Behind these legal definitions are very real situations. There are children growing up with people who care for them every day. But our legal system still does not offer clear answers on the legal recognition of some of these bonds.”
In the report prepared on the petitions, Rossini notes, the Civil Registry Office (Ufficio di Stato Civile) also pointed out that Sammarinese law does not expressly regulate these situations. Officials are therefore required to apply existing rules, without being able to independently introduce new forms of registration. “We cannot ask public offices to solve a problem that the law has not yet resolved. The responsibility lies with politics,” the statement stresses.
An important step will be the ruling of the Collegio dei Garanti, whose conclusions have not yet been made public. “It is clear that the panel’s guidance could serve as an important reference point for lawmakers. It could help us better understand which principles our legal system requires us to protect, and what answers politics will need to provide,” Rossini continues.
The reflection then turns to the situations that can arise in a child’s everyday life when one of the two adults raising them lacks legal recognition. “But what happens in the case of illness? Hospitalization? Separation? The death of the legally recognized parent? It is in difficult moments that a law must provide certainty,” the statement reads.
Rossini therefore calls for distinguishing the issue of children’s legal protection from the broader debate over different family models. “This is not about establishing by law which family model is best. Nor is it about asking everyone to share the same opinion on issues that touch on deeply personal convictions. Sensitivities in our country vary widely. They must be heard and respected. The real question is different: when a family situation already exists and involves a child, how should the State act?”
The statement also recalls the step taken by San Marino in 2018 with the recognition of civil unions, pointing to the issue of children as one of the matters lawmakers will now have to address. “Through the Arengo Petitions, the association 121 has put this question to the institutions. The Civil Registry Office has made clear that, under the current rules, it cannot provide an answer on its own. The Collegio dei Garanti may offer us a further, important point of reference. After that, it will be up to politics.”
The debate will thus reach the Council in September. According to Rossini, what is needed are “cautious rules. Balanced. Well written,” capable of reconciling differing sensitivities with the protection of minors. “When a child has built a stable bond with the person raising them, the State should try to protect it. In September, we will discuss together how to do that,” the statement concludes.
