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Italy / Court of Cassation, Civil Division / 13332

Enunciation of "principle in the interest of the law"

Deciding Body type:
National Court/Tribunal
Deciding Body:
High Court of Justice
Decision date:

Key facts of the case:

General attorney at the Italian High Court– under petition of Ai.Bi. (Associazione amici dei bambini), authorized board in Italy which manages the international adoptions procedures – required the Court to clarify the specific competence of the Juvenile Courts to issue orders of suitability to those couples submitting international adoption request. Pursuant to Article No. 363 of the code of civil procedure, in fact, the General Attorney at the High Court can appeal the Court in order to obtain a decision ruling a law principle which has to be followed by judges.

Results (sanctions) and key consequences of the case:

Any order issued by the Juvenile Justice Court (Tribunale dei Minori) declaring parents suitable for adoption on one hand must avoid any reference or information concerning the ethnic group of the adopted child and on the other hand cannot be based on the child’s ethnic origin. Discriminatory or racist preferences expressed by the adopting couple must be evaluated by the competent judge in relation to the couple suitability for the international adoption.