This article aims to analyze the decision n. 79/2022 of Italian Constitutional Court, in which the Court states that adoptees in special cases have civil ties to the adoptee’s relatives: In particular, the article will highlight the section of the constitutional decision in which is affirmed that adoptees children have the same status of biological children. Firstable, the article will show how this statement has many consequences on inheritance law, where the adoptees in special cases must treated as biological children; secondly, it will demonstrate that the same statement has the potential to subvert the adoption system. Eventually, this text will conclude that, although the decision of Court is an appreciable step forward full compliance with the constitutional principles, however, it causes some inconsistencies in the adoption system that will require legislative action or further constitutional decisions to be remedied.
Adozione in casi particolari e unità dello stato filiale. La Consulta indica al legislatore l'agenda della riforma.
Nicola Chiricallo
2022
Abstract
This article aims to analyze the decision n. 79/2022 of Italian Constitutional Court, in which the Court states that adoptees in special cases have civil ties to the adoptee’s relatives: In particular, the article will highlight the section of the constitutional decision in which is affirmed that adoptees children have the same status of biological children. Firstable, the article will show how this statement has many consequences on inheritance law, where the adoptees in special cases must treated as biological children; secondly, it will demonstrate that the same statement has the potential to subvert the adoption system. Eventually, this text will conclude that, although the decision of Court is an appreciable step forward full compliance with the constitutional principles, however, it causes some inconsistencies in the adoption system that will require legislative action or further constitutional decisions to be remedied.I documenti in SFERA sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.