Adoption of Adults: Commentary on Judgment No. 29684 of 2024

The recent order of the Supreme Court of Cassation, No. 29684 of 2024, addresses a highly relevant issue in family law: the adoption of adults. In this decision, the Court quashed a judgment by the Court of Appeal of Turin which had denied the adoption of a man by an elderly woman, confirming the importance of emotional bonds and the need for a more careful assessment of consolidated family relationships.

The Case in Question

The Court of Appeal had denied the request for adoption of B.B. by A.A., emphasizing the lack of a deep and lasting family context between the two. The judges had considered that the mere bond of friendship and assistance was not sufficient to justify the adoption, despite the applicant's advanced age and the relationship of mutual support.

The legal recognition of consolidated emotional bonds is fundamental to guaranteeing the rights of identity and belonging.

The Reasoning of the Court of Cassation

The Court of Cassation, accepting the appeal, highlighted that the adoption of adults must be considered not only from a financial perspective but also as an act aimed at recognizing and formalizing significant emotional bonds. Indeed, our legal system recognizes that adoption has a dual function: financial and solidarity-based. The Court referred to previous case law, such as judgment No. 7667/2020, which have broadened the perspective on adoption, emphasizing the need to also consider the personal history and emotional bonds between the parties involved.

Concluding Reflections and Future Implications

This judgment represents an important step towards a more inclusive legal recognition of contemporary family relationships. The Court affirmed that, in order for the adoption of an adult to take place, it is sufficient to demonstrate the existence of consolidated emotional bonds, even in the absence of a traditional family context. This is particularly significant in an era where families are configured in different ways and emotional relationships are of increasing importance.

• Recognition of emotional bonds
• Importance of social solidarity
• Evolution of the concept of family

Conclusions

In conclusion, judgment No. 29684 of 2024 by the Court of Cassation serves as a fundamental reference point for understanding the institution of adult adoption, inviting a re-reading of the requirements for this practice. Emotional relationships, solidarity, and personal identity must be at the center of legal assessments, promoting a family law that is more inclusive and attentive to real social dynamics.