Judgment No. 23320 of 2024: The Delicate Balance Between Abandonment and the Child's Best Interest
The recent order No. 23320 of August 29, 2024, by the Court of Cassation represents an important ruling on the adoption and declaration of adoptability of minors. The judgment emphasizes the importance of a concrete and current assessment of the state of moral and material abandonment, as well as the need to monitor parental and familial figures available to care for the child. This approach aims to ensure that the child's best interest is always at the center of decisions, a fundamental principle in family law.
The Ruling's Headnote
Declaration of the state of moral and material abandonment - Concrete and current assessment - Monitoring of parents and familial figures up to the fourth degree - Determination of the child's best interest - Assessment of the compatibility of maintaining family relationships - Basis.
The Court reiterated that the declaration of adoptability cannot occur without a careful evaluation of current and concrete circumstances, emphasizing the importance of monitoring parental and familial figures up to the fourth degree. This monitoring aims to establish whether the minor can grow up in their original family or if an alternative placement is necessary. In cases of parental unsuitability, the judgment suggests considering the support potential of family members, also opening up the possibility of a mild adoption, which could avoid the declaration of adoptability.
The Concept of the Child's 'Best Interest'
The concept of the child's 'best interest' is central to this judgment. The Court stated that every decision must be guided by an assessment of what is most beneficial for the child, taking into account their family relationships and their emotional and developmental needs. This approach aligns with international norms, such as the European Convention on Human Rights, which protects the right to family life.
- Concrete assessment of the state of abandonment
- Monitoring of familial figures
- Evaluation of substitute care capabilities
- Possibility of mild adoption
- Child's best interest as a guiding principle
Conclusions
In summary, judgment No. 23320 of 2024 offers an important clarification on the evaluation criteria for declaring minors adoptable, emphasizing the need for careful monitoring of family members and the importance of always considering the child's best interest. The implications of this decision extend far beyond individual cases, influencing child protection policies and the approach to adoptions in Italy.
