Italian Supreme Court of Cassation (Corte di Cassazione), Civil Section I, N. 7472/2008,0, 20 March 2008

Request for family reunification by a Moroccan family (resident in Italy) which had obtained a minor in foster care through kafala with the consent of legitimate parents. Protection of the best interests of the child.

Law of 4 May 1983, n. 184 which governs the adoption and custody of minors. 
 

The kafala is an instrument of protection provided for by Islamic law aimed at safeguarding the situation of neglected minors (illegitimate or orphaned) from Arab countries. Therefore, the protection of the minor is recognized as paramount with respect to the principles of defense of the territory and the containment of immigration, it is also agreed that the institution of the kafala is close to the adoption envisaged by the Italian legal system and for these reasons it is possible to order family reunification.