Commentary on Judgment Cass. Civ. No. 29539 of 2024: Adoptability Status and Minors' Rights

The recent judgment of the Court of Cassation, No. 29539 of 2024, has raised important issues concerning the adoptability status of minors and parental responsibility. The Court confirmed the decision of the Court of Appeal of Milan, which had declared the adoptability status of two minors, E.E. and F.F., due to the parents' inability to guarantee an adequate environment for their upbringing. This case highlights the importance of carefully assessing family conditions and the well-being of minors, in line with Italian law and international conventions.

The Case and Judicial Decisions

In the case at hand, the minors' parents had challenged the decision of the Juvenile Court of Milan, arguing that there was no actual state of abandonment. However, the Court of Appeal held that there were clear signs of both moral and material abandonment, confirmed by several social reports and an expert technical assessment (CTU) which had highlighted the inadequacy of the mother, who was severely drug-addicted.

• The father was untraceable and did not appear in court.
• The maternal grandparents had not fully grasped the seriousness of the situation.
• The psycho-emotional well-being of the minors was compromised.

The Court reiterated that a minor's right to grow up in a healthy and safe environment prevails over other considerations.

Relevance of the Judgment and Applicable Legislation

This judgment falls within the regulatory framework of Law No. 184 of 1983, which governs adoption and the protection of minors. In particular, Article 8 establishes that adoptability must be declared when there is an actual state of abandonment. The Court clarified that the term "abandonment" does not refer solely to the physical absence of parents, but also to their inability to fulfil their parental duties.

Furthermore, the Court referred to international conventions, such as the UN Convention on the Rights of the Child and the EU Charter of Fundamental Rights, emphasizing that the protection of minors must be an absolute priority.

Conclusions

Judgment No. 29539 of 2024 reiterates the importance of protecting minors' rights in situations of family crisis. The decision of the Court of Cassation represents a clear message: the well-being of children must always be at the centre of legal decisions. It is essential for lawyers and professionals in the field to understand the implications of such judgments, to ensure that minors' rights are respected and protected at every stage of the process.