With respect to a foreign adoption measure, the crucial question arises as to whether it is a “foreign adoption” or an “international adoption” measure. While in the first case the rule of automatic recognition applies and, in the event of a dispute, the Court of Appeal is competent to recognize the measure; in the second case, the Juvenile Court is competent for recognition. If looking at the “black letter of the law” the distinction appears clear, in practice there are many “uncertain” cases. The aim of the study was a reconnaissance of these “problematic” cases and to provide a reasoned response to the question of their qualification.
Adozioni internazionali e adozioni straniere. L’ambito di competenza del tribunale per i minorenni
2023-01-01
Abstract
With respect to a foreign adoption measure, the crucial question arises as to whether it is a “foreign adoption” or an “international adoption” measure. While in the first case the rule of automatic recognition applies and, in the event of a dispute, the Court of Appeal is competent to recognize the measure; in the second case, the Juvenile Court is competent for recognition. If looking at the “black letter of the law” the distinction appears clear, in practice there are many “uncertain” cases. The aim of the study was a reconnaissance of these “problematic” cases and to provide a reasoned response to the question of their qualification.I documenti in ARCA sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.