Adoption and State of Abandonment: Commentary on Cass. civ., Ord. no. 16714 of 2024

The judgment of the Court of Cassation no. 16714 of 2024 offers an important reflection on the delicate issue of child adoption, especially in situations of mistreatment and abandonment. The Court confirmed the rejection of the appeals filed by A.A., B.B., and C.C. against the judgment of the Court of Appeal of Rome, which had declared the state of adoptability of minors F.F. and G.G., highlighting the gravity of the circumstances in which the children found themselves.

Procedural Context

The case in question is emblematic of how the Italian legal system handles the protection of minors. The Public Prosecutor's Office had initiated proceedings for the suspension of parental responsibility of the parents of F.F. and G.G., following reports of mistreatment. The Court of Appeal had confirmed the parents' unsuitability to guarantee a safe environment for the minors, convicting both for serious crimes of mistreatment. This scenario led to the request for a declaration of adoptability.

The Court of Appeal ascertained the total unsuitability of the mother, father, and grandmother to perform parental roles, and the impossibility of recovery in the short term.

Reasons for the Judgment

The Court of Cassation rejected the grounds for appeal based on territorial incompetence, stating that competence depends on the minor's actual residence at the time the proceedings were opened. Furthermore, it emphasized the importance of a complete and rigorous assessment of family conditions, recalling the principles established by Law no. 184 of 1983 on child protection.

A crucial aspect that emerged from the judgment is that the declaration of adoptability must be the last resort, adopted only after excluding any possibility of restoring the family bond. In this case, the Court held that the state of abandonment was such as to justify adoption, considering the evident parental incapacities of the appellants.

Conclusions

Judgment no. 16714 of 2024 represents an important affirmation of Italian jurisprudence on child protection, reiterating the principle that the child's well-being must always be at the center of legal decisions. In extreme situations, such as those of mistreatment, it is essential that the legal system acts firmly to guarantee a dignified and safe life for the minors involved.