23 May ECtHR Advisory opinion concerning adoption of an adult

The European Court of Human Rights delivered, unanimously, its response to a request (no. P16-2022-001) made by the Supreme Court of Finland for an advisory opinion, under Protocol no. 16 to the European Convention on Human Rights, on issues that arose out of proceedings for the adoption of an adult. 

Protocol No. 16 enables member States’ highest national courts and tribunals to ask the Court to give advisory opinions on questions of principle relating to the interpretation or application of the rights and freedoms defined in the Convention or its Protocols. The advisory opinions are not binding. 

The Supreme Court of Finland notably asked for guidance on the procedural rights and status of a biological mother in the adoption proceedings of her son, C, now an adult. C had gone to live with his aunt at the age of three. The aunt had applied to the courts to adopt C when he was 25 years old and he had moved out to live independently. The mother had objected, but the national courts had granted the adoption. Her appeal is currently pending before the Supreme Court. Firstly, the Court found that legal proceedings concerning the adoption of an adult child affected a biological parent’s private life and that Article 8 (right to respect for private life) was therefore applicable in the case.  However, the Court did not consider that additional and specific safeguards, such as the right to be treated as a party to the proceedings and the right to appeal, were required in order to satisfy the procedural requirements of Article 8 from her perspective. Certain other legal systems among the Contracting States (Italy and Malta) do give biological parents such standing or rights in adult adoption proceedings, but the Court stated that Contracting States were entitled to wide discretion (“margin of appreciation”) when regulating the procedure for adult adoption. Thus, it was for the Supreme Court of Finland to determine whether the legal proceedings concerning the adult adoption involved any right of the biological mother that was recognised under national law. In the negative, Article 6 (right of access to Court) would not be applicable in the case pending before it. 

Reference from the official website of the European Court of Human Rights