Accountability of NGOs in the Italian Legal Framework of International Adoption

Abstract

The paper focuses on the accountability of private and public entities with competence in the international adoption of minor children in the Italian legal framework. The author detects sources of law, models, and operative rules implemented by legislation, court rulings, and practitioners, distinguishing two different levels and relationships. The first involves the relationship between the Commission for International Adoption and the NGOs, focusing on the nature of the NGOs (Non-governmental organizations) which are private bodies with public functions that implement private rights, acting in the public interest. The second level involves the contractual relationship between the appointed NGO and the aspiring parents. The survey offers a critical perspective on some relevant issues, such as: - the centrality of trust, in both the public and the private law domain, as a fundamental element of the model; - the nature and the contractual obligations of the NGOs who assist the prospective parents; and - alternative legal arguments that courts could follow to better protect the rights and values of the parties involved, or to fill gaps in the rationales already adopted.