Adoptability and abandonment status: commentary on Cass. civ., Ord. n. 16714 of 2024
The ruling of the Court of Cassation n. 16714 of 2024 provides an important reflection on the delicate issue of the adoptability of minors, especially in situations of mistreatment and abandonment. The Court confirmed the rejection of the appeals filed by A.A., B.B., and C.C. against the ruling of the Court of Appeal of Rome, which had declared the adoptability status of minors F.F. and G.G., highlighting the seriousness of the circumstances in which the children found themselves.
The procedural context
The case in question is emblematic of how the Italian legal system deals with the protection of minors. The Public Prosecutor had initiated proceedings for the suspension of parental responsibility of the parents of F.F. and G.G., following reports of mistreatment. The Court of Appeal confirmed the parents' unfitness to provide a safe environment for the minors, condemning both for serious offenses of maltreatment. This scenario led to the request for a declaration of adoptability.
The Court of Appeal established the total unfitness of the mother, the father, and the grandmother to perform the parental role, and the impossibility of recovery in the short term.
The reasons for the ruling
The Court of Cassation rejected the grounds for the appeal based on territorial incompetence, stating that jurisdiction depends on the minor's actual residence at the time of the opening of the proceedings. Moreover, it emphasized the importance of a comprehensive and rigorous evaluation of family conditions, recalling the principles established by law n. 184 of 1983 on the protection of minors.
A crucial aspect that emerged from the ruling is that the declaration of adoptability must be the last resort, adopted only after excluding any possibility of recovering the family bond. In this case, the Court found that the situation of abandonment was such as to justify adoption, considering the evident parental incapacities of the appellants.
Conclusions
The ruling n. 16714 of 2024 represents an important affirmation of Italian jurisprudence on the protection of minors, reiterating the principle that the child's well-being must always be at the center of legal decisions. In extreme situations, such as those of mistreatment, it is essential that the legal system acts firmly to ensure a dignified and safe life for the minors involved.
