Sara Cipolla, Mezzo secolo di
applicazione dell’adozione in Piemonte (1866-1923)
The
following article considers the proceedings of adoption approved by Turin Superior
Court during the term of the Italian Civil Code, from 1866 to 1923. The author
presents the development of adoption institution in history, focusing in detail
on provisions given by the French and Austrian codes and their main features in
the unitary Italian legislation. According to the law of the time, adopters had
to be fifty, have a good reputation and no biological children. Only adults (or
people of age) could be adopted, several children could be “taken” with a
single act only and the adoption had to be beneficial for the adopted. The
documentary analysis showed that the majority of adoptions were made towards
abandoned children, left to foundling hospitals at birth; they were taken very
young and adopted when they reached the age required by law. Another good part
of adoptions offered advantage to grandchildren (probably for economic reasons
bound to legal assets) and to first wedding born children of women who later
on married the adopter. The Code
strictly prohibited natural sons’ adoption (they could be recognized and
legitimized) and illegitimate children’s adoption. In some cases, however, reasonable
doubts have arisen regarding this rule observance. Finally, the author briefly
draws the deep-rooted difference between nineteenth century adoption, which was
mostly intended to provide lineage to those who didn’t have a biological progeny,
in comparison with the actual law, focusing on children’s active tutelage and
protection. |