Historic ruling by the Constitutional Court: singles can also adopt foreign minors
Once the rule that excluded them a priori has been declared unconstitutional, it is then up to the judge to establish whether the aspiring parent is suitable or not.
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Single people can also adopt foreign minors in a situation of abandonment. This is what is stated in sentence number 33, filed today, with which the Constitutional Court declared unconstitutional article 29-bis, paragraph 1, of law number 184 of 1983, in the part in which it does not include single people among those who can adopt a foreign minor residing abroad.
The Court, called to rule on the discipline of international adoption, stated that such exclusion conflicts with Articles 2 and 117, first paragraph, of the Constitution, the latter in relation to Article 8 of the European Convention on Human Rights. According to the judges, the discipline declared illegitimate disproportionately compressed the interest of the aspiring parent to make himself available with respect to an institution, such as adoption, inspired by a principle of social solidarity for the protection of the minor. The interest in becoming parents, although not attributing a claim to adopt, falls within the freedom of self-determination of the person and must be taken into consideration, together with the multiple and primary interests of the minor, in the judgment on the non-unreasonableness and non-disproportion of the choices made by the legislator.
The Court found that single persons are theoretically suitable to ensure a stable and harmonious environment for the abandoned minor, while it is up to the judge to ascertain in concrete terms the emotional suitability of the aspiring parent and his or her ability to educate, instruct and support the minor. This assessment may also take into account the family network of reference of the aspiring parent.
Having highlighted the guarantees put in place to protect the minor, the Court finally observed that, in the current legal-social context characterised by a significant reduction in adoption requests, the absolute prohibition imposed on single persons risks "negatively reflecting on the very effectiveness of the right of the minor to be welcomed into a stable and harmonious family environment".
(Online Union)
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