Commentary on Supreme Court Judgment No. 16716/2024: Declaration of Adoptability and Parental Inadequacy
On March 7, 2024, the Supreme Court issued judgment No. 16716, which addresses the delicate issue of the declaration of adoptability of a minor, D.D., following the parental inadequacy of the mother, A.A. This decision is set within a complex legal context, where the protection of the best interests of the child is of primary importance.
The Legal Context of the Judgment
The Court of Appeal of Venice, confirming the decision of the Juvenile Court, established that the mother was unable to provide an adequate psycho-physical environment for the growth of her daughter. A.A. had serious psychiatric conditions that compromised her parental capacity. The judgment referred to Article 1 of Law 184/1983, which regulates adoptions and emphasizes the necessity of ensuring a serene future for minors, away from situations of abandonment.
The Court of Appeal determined the total inadequacy of the mother, father, and grandmother to perform the parental role, highlighting the impossibility of recovery in the short term.
The Reasons for the Declaration of Adoptability
The judgment highlighted that, despite attempts to support parenting and monitoring by social services, A.A. never showed significant progress. In particular, the Court observed:
- The mother did not actively participate in the proposed support pathways.
- A.A.'s psychological conditions were such that they did not allow for a recovery of parental capacities.
- The minor, D.D., needed stability and serenity, objectives unattainable within her natural family.
Italian jurisprudence, particularly Article 8 of Law 149/2001, emphasizes the importance of ensuring the child's right to grow up in an adequate environment. The Court found that the recovery attempts had been exhaustive and that the situation of abandonment was evident, thus justifying the declaration of adoptability.
Conclusions
Judgment No. 16716/2024 of the Supreme Court reaffirms the centrality of the child's interest in family law. It underscores how the assessment of parental suitability must be carried out with care and rigor, considering the specific conditions of each case. The decision of the Supreme Court represents an important precedent, confirming the necessity of timely and appropriate interventions for minors in situations of vulnerability.
