Two motions approved and one rejected. That is the outcome of the passage through the Grand and General Council (Consiglio Grande e Generale) of the three Arengo Motions (Istanze d’Arengo) backed by Associazione 121 and dedicated to the rights of LGBT+ people and same-sex parent families. The measures concerned the rectification of gender on official documents, the recognition of birth and adoption certificates issued abroad, and parental responsibility. All three motions had been submitted on 5 April.
The first to receive the green light was Arengo Motion number 47, which calls for the creation of a legal framework to allow the rectification of gender in the registers and Civil Status documents of people who have undergone a gender-affirmation process.
“The approval of the Motion and the related resolution now opens a path of in-depth work involving the Ministries of Internal Affairs, Justice and Health, with the aim of defining the criteria, procedures and legislative measures needed,” reads a statement from 121. “The Government is therefore required, within six months, to regulate the final official step of the gender transition process — a step as cherished as it is necessary for the dignity of those who have undertaken it: documents and registers will have to reflect the person’s actual gender.”
Motion number 48 was also approved, concerning the registration with San Marino’s Civil Status Office of birth and adoption certificates issued abroad for same-sex parent families. According to the Grand and General Council’s website, the motion — along with its related resolution — was approved on 17 September. The resolution commits the Government to setting up a working table on the matter and reporting to the relevant parliamentary committee by February 2027.
“For us, this approval represents a particularly important result: it means recognising the need to provide legal certainty to family situations that already exist, and to guarantee protection for the children involved,” 121 continues. “Different legal systems across Europe and beyond recognise these families in different ways. The mobility of people and the high number of couples holding more than one nationality can create disparities regarding the rights and duties of parents towards their children.”
According to the association, the process should also examine “the rules governing documents formed abroad, the institution of simple adoption, and any legislative changes needed to guarantee the child’s legal status, parental responsibility, inheritance rights and citizenship.”
The outcome was different, however, for Arengo Motion number 49, dedicated to parental responsibility and the registration of both parents in the Civil Status registers for same-sex parent families. The motion, which centred on protecting the best interests of the child, was rejected. According to 121, the vote closed with 14 in favour, 23 against and 14 abstentions.
“We take note of the outcome of the vote, but we cannot consider the process on the issues we brought to the Council’s attention to be over,” the association states. “We brought concrete issues before the Council concerning people and families who already live in our Republic and who need legal certainty.”
121 expressed satisfaction at the approval of the first two motions and announced it will continue pushing forward the debate on the third issue: “We will keep working so that the issue of parental responsibility and the recognition of the second parental figure also finds a legislative answer.”
“The goal,” the association concludes, “is for people to be able to live their lives with rights, protections and certainty. These families already exist, they pay taxes, they vote, they contribute to San Marino’s demographics and economy. That is why we will keep engaging with the Institutions and closely following the process that will unfold in the coming months.”
