Adoptability and Children's Rights: Commentary on Judgment No. 27999 of 2024

The recent ruling of the Court of Cassation, No. 27999 of 2024, provides significant insights regarding the delicate issue of adoption and children's rights. This judgment is set within a complex context, where balancing the child's right to grow up in their family unit and the need to ensure their psycho-physical well-being is of fundamental importance.

The Case Under Review

The Court of Appeal of Catania had upheld the declaration of adoptability for three minors, children of A.A. and F.F., due to severe parental incapacity. The Juvenile Court had highlighted the degradation in which the minors were living and the parents' inability to provide an adequate environment. However, the Court of Cassation accepted the appeal of A.A., emphasizing the importance of assessing the current situation rather than just the past.

The judge of merit must primarily attempt an intervention of support aimed at removing situations of difficulty or family distress.

Fundamental Principles on Adoption

The Court of Cassation reiterated that the declaration of adoptability must be considered as a last resort, applicable only after all support measures to restore parental capacity have been attempted. According to Article 1 of Law No. 184/1983, it is a priority to guarantee the child's right to remain in their family unit.

  • The assessment of the situation of abandonment must be based on current and concrete investigations.
  • An evaluation of the parents' willingness to recover is necessary.
  • The Court must consider the presence of relatives capable of taking care of the minor.

Conclusions

Judgment No. 27999 of 2024 reminds us that, in the delicate matter of adoption, it is essential to respect children's rights, ensuring that every decision is made with care and based on concrete evidence. The Court of Cassation has therefore mandated the Court of Appeal of Catania to re-examine the case, emphasizing the importance of appropriate support measures for parents. The protection of children's rights cannot disregard a thorough and current analysis of their family situation.

Bianucci Law Firm