Analysis of Judgment no. 31704 of 2024: Declaration of Adoptability and the Right to Defence

The recent judgment of the Court of Cassation no. 31704 of 2024 has raised important issues regarding the adoption process and the protection of the rights of biological parents. In particular, the Court has highlighted how the assessment of parental suitability cannot disregard the respect for the right to defence, which is fundamental in any legal proceeding.

The Case and the Judgment of the Court of Cassation

The case concerned the mother A.A., who, after the declaration of adoptability of the minor C.C., appealed against the judgment of the Court of Appeal of Genoa. The Court, confirming the first-instance decision, had held that A.A. was not suitable to care for her daughter due to her living conditions and the lack of proof of her parental capacity. However, the Court of Cassation upheld A.A.'s appeal, highlighting that the assessment of parental suitability must be based on current data and not solely on past situations.

In matters of child adoption, the judge must base their conviction on investigations and in-depth analyses referring to the present situation and not the past.

The Right to Defence in Adoption Proceedings

One of the key points of the judgment was the recognition of the violation of A.A.'s right to defence during the first-instance proceedings. The Court emphasized that the mother had not been adequately assisted by a lawyer, which compromised her ability to present her version of the facts. This aspect led to the declaration of nullity of the investigative acts carried out until her involvement in the process.

Implications of the Judgment

The judgment of the Court of Cassation not only overturned the decision of the Court of Appeal but also provided important guidelines for future adoption cases. In particular, it emphasizes the need to:

• Guarantee the right to defence for all parents involved in adoption proceedings.
• Consider the current situation of the parents, rather than merely examining past events.
• Carefully assess parental suitability, taking into account the parent's economic and family stability.

Conclusions

In conclusion, judgment no. 31704 of 2024 represents a significant step towards greater protection of parents' rights in adoption proceedings. It reaffirms the importance of ensuring that every individual involved in such cases has the opportunity to defend themselves adequately, emphasizing how the legal system must always be attentive to the centrality of the child, but also to the rights of the parents. The Court of Cassation, with this ruling, has underscored that any decision regarding adoption must be made on the basis of an in-depth and current assessment of the family and personal situation of the parents.