Adoptability and Minors' Rights: Cass. Civ. No. 23320/2024

The recent ruling of the Court of Cassation No. 23320 of August 29, 2024 provides important insights into the delicate issue of adoption and the declaration of adoptability of minors. In particular, the case analyzed involves the grandmother of a minor, C.C., who challenged the decision of the Juvenile Court of Milan to declare her grandson's adoptability. With this ruling, the Court reaffirmed the importance of safeguarding the best interests of the minor, carefully examining family dynamics and the ability of relatives to care for him.

Context of the Ruling

The legal case revolves around A.A., the grandmother of C.C., who appealed against the adoptability ruling. The Court of Appeals initially upheld the decision of the Juvenile Court, highlighting the parents' inadequacy due to issues of substance abuse and dangerous behaviors. However, the grandmother argued that the declaration of adoptability should be considered as a last resort, necessary only in the presence of serious deficiencies in family ties.

Relevant Legal Principles

Regarding the declaration of adoptability of minors, the declaration of moral and material abandonment requires a concrete assessment of the current circumstances.

The Court of Cassation emphasized that the declaration of adoptability must be based on a concrete assessment of the minor's living conditions and the parenting abilities of the relatives. The ruling recalls that Italian law, particularly Article 1 of Law No. 184 of 1983, establishes the right of the minor to grow up within their family, including extended family. Therefore, it is essential to evaluate whether relatives, such as grandparents, can provide a suitable environment for the minor's upbringing.

Final Considerations

In conclusion, the ruling of the Court of Cassation highlights that the protection of the minor must always be at the center of decisions regarding adoption. It is essential that any assessment takes into account family dynamics and the potential for recovery of the relatives. The Court accepted the grandmother's appeal, ordering a new examination of the situation, in line with the principles of safeguarding the rights of the minor and their family.

Bianucci Law Firm