Tailor-made adoptions to protect abandoned and semi-abandoned children
Tailor-made adoptions to protect abandoned and semi-abandoned children.
Protecting children without parents or with seriously problematic parents in the best possible way requires tailor-made choices and not standard rules. The jurisprudence thus creates more and more on ad hoc solutions for minors. The Court of Cassation, first section with the ordinance n. 40308 of 15/12/2021 has taken another step forward. In fact, with regard to the declaration of adoptability, where there is a condition of semi-abandonment of the minor, characterized by serious parental deficiencies that are difficult to recover, accompanied, however, by a significant emotional bond with one or both parents, the judge is called to ascertain the existence of an interest of the minor in maintaining relations with subjects belonging to the family of origin, denying, if he deems such an interest, the ruling pursuant to art. 15 ln 184 of 1983, which is preordained for full adoption, which constitutes an “extrema ratio”, while our legal system knows alternative models to it, such as the adoption referred to in art. 44, lett. d), l. cit., which does not require the radical severing of ties with the family of origin.