Adoption from Single Individuals

Afërdita Deda, Lirime Çukaj (Papa)

Abstract


Every child, in order to have a replete development of their personality, should be raised within a family ambiance, within an understanding, felicitous and lovable climate. A child who is temporarily or completely deprived of their family environment, or who is not at their highest interests of their position in that environment shall be entitled to be assisted and protected by the state. In the case of adoptions by single individuals, the norm moves very slowly towards a full adaptation to be brought, to be equated with other countries such as England, Spain, France, Germany, et cetera, to trust and give children in adoption to people that are not related to marriage as it is enshrined in Nice and Strasbourg. Each EU member state is obliged to amend rules of equality set out in the International Charter of Human Rights known as the Nice Charter of 2000. This document reaffirmed in 2007 and 2009 in Strasbourg is the pillar of justice, legality, equality and respect for human rights in all their aspects. This paper seeks to address adoption by single parents. One of the subjects of adoption, the adoptive parent, can he/she be single and is the adoption easy in these cases in Italy? What are the challenges of this institute when the adoptive parent is single? Are the procedures established by law strictly followed? Does deviation from procedures violate the best interests of the child? The Convention of the United Nations on the rights of children and adolescents (CRC) provides that in all decisions concerning children, the competence of public and private institutions, courts, administrative authorities or legislative bodies, the best interests of the child should be considered as primary. This paper does not essay to be exhaustive, but aspire to shed light on legislative and practical challenges facing the adoption institute in Italy when the adoptive parent is a single one and whether in this case, the best interests of the child dominates decision making.

Keywords: children, adoption, the child‘s best interests, single, equality.


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DOI: http://dx.doi.org/10.0001/(aj).v5i7.1062

DOI (PDF): http://dx.doi.org/10.0001/(aj).v5i7.1062.g1293

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