The protection of the interest of the minor requires to guarantee
to all adopted children the recognition of the family relationships that arise from the adoption
.
The adopted minor - in the cases known as "adoption in particular cases" - has the status of a child and cannot be deprived of parental ties, which the legislator of the filiation reform "wished to guarantee to all children on equal terms, because all minors can grow up in a solid environment protected by family ties, starting with the closest ones, with siblings and grandparents ".
This was established by the Council in sentence no.
79 filed today.
Not recognizing family ties with the relatives of the adoptive parent is equivalent to disregarding the identity of the minor constituted by his belonging to the new network of family relationships that in fact build his daily life on a permanent basis, we read in the reasons for the sentence of the Constitutional Court.
The Court declared illegitimate - with reference to articles 3, 31 and 117, first paragraph, of the Constitution, the latter in relation to article 8 of the ECHR - article 55 of law no.
184 of 1983, where it required to apply to the adoption in particular cases of minors the rules dictated by article 300, second paragraph, of the Civil Code for the adoption of adults.
Ultimately, the Court found that such a relevant profile "for the growth and stability of a child"
The Court's intervention therefore intended to make effective - in accordance with constitutional principles and also in line with the guidelines of the Strasbourg Court - the protection offered by adoption in particular cases to many minors: orphans or orphans with disabilities;
abandoned or semi-abandoned children, not adoptable with legitimate adoption;
minors living in the biological parent's new family unit;
minors whose interest is recognized in maintaining affective relationships already established and consolidated with the cohabitant or with the partner of the same sex as the biological parent.
