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ZGBCC
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Art. 268a Codice civile svizzero (CC)
CC; Parte seconda: Della parentela; Titolo settimo: Del sorgere della filiazione ; Capo quarto : Dell’adozione ; D. Procedura; II. Istruttoria
Art. 268a CC
L’adozione può essere pronunciata solo dopo istruttoria sulle circostanze essenziali, eventualmente con la collaborazione di periti.
Occorre specialmente indagare sulla personalità e la salute degli aspiranti all’adozione e dell’adottando, la compatibilità dei soggetti, l’idoneità ad educare il figlio, la situazione economica, i motivi e le condizioni familiari degli aspiranti all’adozione, come pure sul decorso dei rapporti d’assistenza.
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Decisioni giudiziarie che applicano questa disposizione (82)
VVGE.2011.13.Nr.21 · ow (Art. 268a Abs. 1 ZGB)
Best Interests of Child in Adoption Case
This provision underscores the obligation of authorities to investigate, particularly in cases involving children.
C/17210/2018 · ge (art. 268a CC)
Adoption Jurisdiction and Best Interests of Child in Cross-Border Case
The social investigation required by this article showed the adoption was in the child's interest.
C/17210/2018 · ge (art. 268a quater al. 1 CC)
Adoption Jurisdiction and Best Interests of Child in Cross-Border Case
The opinion of the adopter's descendant (his daughter) was taken into consideration.
C/17472/2022 · ge (art. 268a quater al. 1 CC)
In Re Adoption of Adult Son by Wife's Spouse
Cited in the reasoning section regarding the consideration of the adopter's descendants' opinion (though not explicitly required for the final order, the consideration of other parties' opinions was integral to the decision's basis).
C/17472/2022 · ge (art. 268a quater al. 2 ch. 2 CC)
In Re Adoption of Adult Son by Wife's Spouse
Cited regarding the consideration of the biological parents' opinion, which was obtained.
C/6924/2022 · ge (art. 268a quater al. 1 CC)
Stepfather Adoption of Adult Child Granted
Mentioned in the reasoning that the opinion of the adopter's descendant was considered (and favorable).
C/6924/2022 · ge (art. 268a quater al. 2 ch. 2 CC)
Stepfather Adoption of Adult Child Granted
Mentioned in the reasoning that the opinion of the biological parents was considered (and the father's could not be obtained).
C/12671/2022 · ge (art. 268a quater al. 2 ch. 2 CC)
Adoption of Adult Step-Son Upheld
Used to consider the opinion of the biological parent, noting that a refusal would not impede the adoption.
C/17475/2022 · ge (art. 268a CC)
Adoption of Thai Minors by Geneva Residents
Verified as a prerequisite for granting the adoption (required investigation confirming the adoption serves the minors' interests).
C/20274/2021 · ge (art. 268a al.1 et 2 CC)
Adoption of Adult Based on Established Filial Bonds and Just Motives
This provision relates to the requirement to take into consideration the opinions of interested parties, which was satisfied and noted prior to the adoption decree.
C/12669/2022 · ge (art. 268a quater al. 1 CC)
In re Adoption of Adult by Stepparent
The text notes that the opinion of the adopter's descendants was considered, although the article is not repeated in the final orders.
C/7566/2022 · ge (art. 268a CC)
Adoption of Thai Minor by Geneva Couple Granted
Cited regarding the required investigation confirming the adoption serves the child's best interest.
C/12674/2022 · ge (art. 268a CC)
International Adoption Finalization of Minor Born in Thailand
Cited as having confirmed through the required investigation that the adoption serves the child's interest.
C/7476/2022 · ge (art. 268a al. 1 CC)
Adoption of Minor Child from the Philippines and Granting of Nationality
Cited regarding the requirement that an investigation on all essential circumstances must be carried out before the adoption is pronounced.
C/6485/2022 · ge (art. 268a quater al. 1 CC)
Adult Stepdaughter Adoption Granted Upon Consent
This article addresses the consideration of the adopter's descendants' opinion, which was taken into account for the final decision.