NULITATEA ADOPȚIEI. ASPECTE DE DREPT COMPARAT ȘI JURISPRUDENȚA CEDO
ANNULMENT OF ADOPTION. ASPECTS OF COMPARATIVE LAW AND ECHR CASE LAW

Summary/Abstract: Adoption is one of the most beautiful and meaningful institutions in the legislation of any state, because it is centered on the child who does not have what he or she really deserves, a family, parents, a home in which to grow up and be happy, well-educated and fulfilled. In order to reach the ultimate goal of finding a family for the unprotected child, a complex procedure will be followed, characterized by rigor, but at the same time also by sensitivity. For this reason, the sanction of nullity of the adoption, which leads to its termination, should only be applied in exceptional cases. Infringements of the mandatory legal provisions that must be complied with when the adoption is finalized (fictitious, lack of consent or vitiation of consent, breach of the other substantive and formal conditions required by law) lead the court to decide, with the utmost caution, to annul or declare an adoption null and void. The annulment or revocation of an adoption is treated differently in the various countries of the world, some of which do not allow the adoption to be annulled. The need to give priority to the best interests of the child is also a guiding principle in the case law of the ECHR, and interference in the adoptee's family life is sanctioned by the Court. The relationship between adoptive parents and children will in principle benefit from the protection of Article 8, but the obligation to ensure respect for family life is not absolute. Traditionally, the court has had to balance the two interests, the protection of family integrity and the protection of the child. Nowadays, the standards are no longer parent-centered, which is why we find regulations concerning the maintenance of adoption in the best interests of the child, who often forms attachment relationships with the adoptive family.

• Details
• Contents