Commentary on Supreme Court Ruling No. 16716/2024: Declaration of Adoptability and Parental Unsuitability

On March 7, 2024, the Supreme Court of Cassation issued ruling No. 16716, which addresses the sensitive issue of the declaration of adoptability of a minor, D.D., following the parental unsuitability of the mother, A.A. This decision is part of a complex legal framework where the protection of the child's best interests is of paramount importance.

Legal Context of the Ruling

The Court of Appeal of Venice, upholding the decision of the Juvenile Court, ruled that the mother was unable to guarantee a psycho-physical environment adequate for her daughter's upbringing. A.A. suffered from serious psychiatric conditions, which had compromised her parental capacity. The ruling referenced Article 1 of Law 184/1983, which governs adoptions and emphasizes the need to ensure a serene future for minors, free from situations of abandonment.

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

Reasons for the Declaration of Adoptability

The ruling highlighted that, despite attempts to support parenting and monitoring by social services, A.A. never showed significant progress. In particular, the Court observed:

• The mother did not actively participate in the proposed support programs.
• A.A.'s psychological conditions were such that they did not allow for the recovery of parental skills.
• The minor, D.D., needed stability and serenity, objectives that could not be achieved within her natural family environment.

Italian jurisprudence, particularly Article 8 of Law 149/2001, emphasizes the importance of guaranteeing the child's right to grow up in an adequate environment. The Court deemed that recovery attempts had been exhaustive and that the situation of abandonment was evident, thus justifying the declaration of adoptability.

Conclusions

Supreme Court ruling No. 16716/2024 reiterates the centrality of the child's best interests in family law. It underscores how the assessment of parental suitability must be carried out with care and rigor, considering the specific circumstances of each case. The Supreme Court's decision represents an important precedent, confirming the need for timely and appropriate interventions in favor of minors in vulnerable situations.