Judgment No. 10278 of 2024: The Importance of Affective Bonds in Adoption Cases

Judgment No. 10278 of April 16, 2024, represents an important reference point in the field of child adoption, placing particular emphasis on the child's best interests and the maintenance of affective relationships with the birth family. The core principle of this decision is that the preservation of these bonds must be accompanied by adequate information and preparation for the adoptive family unit.

The Child's Best Interests as a Priority

The Court, presided over by M. A., reiterated that decisions regarding adoption must always be guided by the child's best interests. The judgment clarifies that when a judge decides to maintain affective relationships with certain members of the birth family, this choice must be justified through a process of preparation and information for the adoptive parents.

• Recognition of the bond with the birth family.
• Psychological and practical preparation for adoptive parents.
• The need to understand the modulation of adoptive filiation.

The Ruling's Headnote

In general. In matters of minor adoption, the judge's decision to allow, where it is in the child's best interests, the maintenance of affective relationships with some members of the birth family must be accompanied by adequate information and preparation of the adoptive family unit, so that they understand the reason for the choice not to sever ties and the necessity of psychological and practical adjustment to the different modulation of adoptive filiation, even if it is full and legitimizing.

This headnote highlights the centrality of the child's best interests, emphasizing the need for a conscious and informed approach by the new parents. Indeed, it is not enough for adoption to be considered a mere formality; it requires profound adjustment from both a psychological and practical standpoint. Adoptive parents must be prepared to understand that the presence of the birth family is not to be seen as an obstacle, but rather as an element that enriches the child's life.

Conclusions

Judgment No. 10278 of 2024 offers significant food for thought for all professionals working in family law. The decision of the Court of Cassation underscores how maintaining affective bonds with the birth family should not be viewed as a constraint, but rather as an opportunity for growth and enrichment for the child. The preparation of adoptive parents therefore becomes a crucial element in ensuring a serene and balanced future for the child within a new family reality.