The recent ruling 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 overturned a ruling by the Court of Appeal of Turin that had denied the adoption of a man by an elderly woman, reaffirming the importance of emotional bonds and the need for a more careful evaluation of established family relationships.
The Court of Appeal had denied the adoption request of B.B. by A.A., emphasizing the lack of a deep and lasting family context between the two. The judges considered that the mere bond of friendship and assistance was not sufficient to justify the adoption, despite the advanced age of the appellant and the mutual support relationship.
The legal recognition of established emotional bonds is essential to ensure the rights of identity and belonging.
The Cassation Court, accepting the appeal, highlighted that the adoption of adults should be considered not only from a patrimonial perspective but also as an act aimed at recognizing and formalizing significant emotional bonds. In fact, our legal system recognizes that adoption has a dual function: patrimonial and solidarity-based. The Court referred to previous jurisprudence, such as Judgment No. 7667/2020, which has broadened the perspective on adoption, emphasizing the need to also consider the personal history and emotional ties between the parties involved.
This ruling represents an important step towards a more inclusive legal recognition of contemporary family relationships. The Court stated that, for the adoption of an adult to occur, it is sufficient to demonstrate the existence of established emotional bonds, even in the absence of a traditional family context. This is particularly significant in an era where families are configured in various ways, and emotional relationships are gaining increasing relevance.
In conclusion, Judgment No. 29684 of 2024 of the Court of Cassation serves as a fundamental reference point for understanding the institution of adult adoption, inviting a reevaluation of the requirements needed for this practice. Emotional relationships, solidarity, and personal identity must be at the center of legal evaluations, fostering a family law that is more inclusive and attentive to real social dynamics.
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