The appointment of a legal guardian for a foreign minor without relatives is up to the Ordinary Court and not to the Juvenile Court

Order No. 686 of 12 January 2017 of the Court of Cassation

Unaccompanied foreign minors arriving in Italy illegally are to be appointed a legal guardian in the shortest timeframe possible. Only in a following phase it shall be verified whether there are the conditions of law to proceed with adoption. Consequently, the responsibility to appoint the legal guardian is up to the Ordinary Court and not to the Juvenile Court.


This was defined by the Court of Cassation, sixth civil section - I, with Order No. 686 of 12 January 2017, concerning the regulation of competence proposed by the Juvenile Court of Palermo. At the centre of the issue the appointment of a legal guardian for a minor arrived in Italy illegally.


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(6/1/2017)