In morte dell’adozione?

Di Joëlle Long -

In a recent judgement, delivered on January 25, 2021, the Italian Court of Cassation appears to launch a final attack against adoption. Indeed, the decision: 1) introduces a new requirement for the determination of the adoptability of the child, i.e., the proof that maintaining contacts with the family of origin after the adoption is contrary to the child’s best interests and 2) recognizes simple adoption (“adozione in casi particolari”) as preferential over “full” adoption. Nevertheless, and despite that it is not the task of the Court of cassation to assess the facts, the peculiarities of the present situation allows the possibility that future rulings, disregarding the principles of law laid down by the decision, reaffirm the centrality of “full” adoption in the protection of children who cannot grow up in their families of origin.