Do Adopted Children Have a Right to Know Their Biological Siblings? (Corte di Cassazione 20 March 2018 no 6963)

The Court of Cassation, with decision no 6963 of 20 March 2018, ruled on the adoptee’s right to know his/her origin. The Court held that when the adoptee asks for information about his/her biological history, he/she has the right to know not only the identity of the parents, but also that of any adult biological sibling. The latter must be consulted and asked to consent to the disclosure of their identity to the petitioner. The procedure must ensure maximum confidentiality and respect for the dignity of the subjects who are involved in the process. This article examines the arguments chosen by the Court to uphold the existence of the right of the adoptee to the knowledge of one’s biological origin, with regard as well to kinship with one’s siblings. Moreover, the work highlights the constitutional principles related to personal identity and to the full development of personality, as recalled by the Court in the decision.