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Italian Court of Cassation (Corte di Cassazione), Civil Section I, No. 1908/2010, 28 January 2010

Type Judgment
Case number 1908/2010



Protection of the best interests of the minor requesting family reunification under the kafala institute.

Normative references

Legislative Decree n. 286 of 1998, art. 29 


In the legal systems of Islamic countries, the kafala is the only means of protecting and safeguarding orphaned, abandoned or illegitimate children. It has features in common with the foster care provided for by the national system, prevailing over the divergent ones, since both institutions, unlike adoption, do not have legitimising effects and do not affect the child's civil status. Through a constitutionally oriented interpretation of Article 29(2) of Legislative Decree no. 286 of 1998, kafala may be considered a prerequisite for family reunification and therefore a valid title.