Commentary on the Judgment of the Court of Cassation No. 29539 of 2024: Adoptability Status and Children's Rights

The recent ruling of the Court of Cassation, No. 29539 of 2024, has raised important questions regarding the adoptability status of minors and parental responsibility. The Court upheld the decision of the Court of Appeal of Milan, which had declared the adoptability status of two minors, E.E. and F.F., due to the parents' inability to provide a suitable environment for their upbringing. This case highlights the importance of carefully assessing family conditions and the well-being of minors, in line with what is established by Italian law and international conventions.

The Case and Judicial Decisions

In the case at hand, the parents of the minors contested the decision of the Juvenile Court of Milan, arguing that there had not been a real state of abandonment. However, the Court of Appeal found evident signs of both moral and material abandonment, confirmed by various social reports and a court-appointed technical consultant (CTU) that highlighted the mother's inadequacy, who was severely addicted to substances.

  • The father was found to be untraceable and had not appeared in court.
  • The maternal grandparents had not fully understood the seriousness of the situation.
  • The psychological and emotional well-being of the minors was compromised.
The Court reiterated that a minor's right to grow up in a healthy and safe environment outweighs other considerations.

Relevance of the Judgment and Applicable Regulations

This ruling fits within the regulatory framework of Law No. 184 of 1983, which governs adoption and the protection of minors. In particular, Article 8 states that adoptability must be declared when there is an actual state of abandonment. The Court clarified that the term "abandonment" does not only refer to the physical absence of parents but also to their inability to fulfill their parental duties.

Furthermore, the Court referred to international conventions, such as the New York Convention on the Rights of the Child and the Charter of Fundamental Rights of the EU, emphasizing that the protection of minors must be an absolute priority.

Conclusions

The judgment No. 29539 of 2024 reaffirms the importance of safeguarding the rights of minors in situations of family crisis. The decision of the Court of Cassation represents a clear message: the well-being of children must always be at the center of legal decisions. It is essential for lawyers and professionals in the field to understand the implications of such rulings to ensure that the rights of minors are respected and protected at every stage of the process.

Bianucci Law Firm