Laura Laera to the Commission Adoptions

Laura Laera to the Commission Adoptions

of Sara De Carli 16 hours ago

The CSM confirms that he has given the green light to the placement out of role for the President of the Court of Minors of Florence to go to assume the vice presidency of the CAI. "The Italian system is a strong system," he said a year ago the Justice Committee, talking about international adoption: "It must point to a collaboration between all institutions working in the field, that everyone plays his part well and there is one exchange of training-information '

Laura Laera

It's the 13 that the news on social chases and many have already done the best wishes of good work. But she rightly asks to wait for the official "no communication to me has not yet come," he repeats in the afternoon. Eventually the officer arrives from the CSM: the plenum in the afternoon gave the green light to start off the role of Laura Laera, to go to take the chair of the International Adoptions Commission ( here the press release arrived in the evening , about Laura Laera as "destined to hold the post of vice chairman of the Committee on International adoption, appointed by the Presidency of the Council of Ministers"). A necessary step, prior to the actual appointment itself, which at the moment - I point out - not yet exist and which will arrive by the Cabinet. I will then still a judge to lead the CAI: Laura Laera happen to Silvia Della Monica, whose three-year term came to last February deadline. A passing of the baton in recent weeks has been accompanied by much controversy.

Born in Milan in 1949, a judge since 1978, Laura Laera since 2012 is President of the Juvenile Court of Florence, after working for more than twenty-five years at the Juvenile Court of Milan: a long career as a magistrate, with specific expertise childhood. In 2000-2001 he attended the only research done by the Commission for Intercountry Adoption on Adoptive failures. From 2009 to 2011 she was president of the Italian magistrates for minors and family (AIMMF). She is married to Francesco Greco, chief prosecutor of Milan.

In the resolution of the CSM they will retrace the steps that led to the placement outside the role Laera. It all began on March 6, when "the Minister of Justice, in relation to the note dated 02.16.2017 of the President of the Council of Ministers, called for the placement out of the organic role of Dr. Laura Laera the judiciary [...] to be appointed President of the Commission for international adoptions. " In the test of demand - writes the CSM - "on the one hand be assessed the contribution that Dr. Laera may provide the Commission, on the basis of extensive experience and versatile in the jurisdiction, to the other, equally necessary - that is reference to the professional growth of individual judge intended to function "non-judicial" - seems obvious, in light of the enucleated interpretative parameters, that this connotation is absolutely subsistent assuming the request pertaining to Dr. Laera ». In recent weeks, the Judicial Council of Florence had expressed its opposition to the placement outside the role of Dr. Laera: today's resolution referring to that opinion clearly speaks of a denial linked to reasons relating to lack of staff at the Juvenile Court of Florence.

Who is Laura Laera? In 2006, a conference dell'AIMMF well remembered the beginning of his career: "When I arrived at the Juvenile Court of Milan, in 1986, I did not even know what it meant to be a judge of minors specialist. Probably I had not even an idea, if not vague, the type of work that I found myself facing, like most of my colleagues and I believe the ordinary so-called ordinary people. I was a magistrate for seven years, including six office past education. What had prompted me to apply for a transfer to TM was the desire to understand what was behind the ordinary crime stories I had known as an investigating judge. Robbers, murderers, swindlers, I was curious as people and I wondered now more and more frequently what had pushed them on the road of deviance. Often they transpired from the documents and the personal stories and family interviews and disastrous conditions of social accentuated. So I wanted to understand what had been their evolutionary path. " In the same years, interviewed by the students of the University for Orientation to Education and Careers Service Center of the University of Milan, he said that his "is a job that requires a certain degree of maturity and balance. Although not essential, I believe that no failures have made a psychoanalytic training. I would not recommend this office to newly appointed judges. I think it is better to arrive here after gaining previous experience in the legal field. It's a varied job, in continuous contact with the users, so little formal and very immediate. This activity is very rewarding but very heavy, especially from an emotional point of view: it is not easy to decide to remove children from their family, state adoptions, manage a consumer that is very complex. We have very sufferer user, belonging to a world than they have ever had to deal with a socially useful work can not even imagine exist. So this is a very special job, which I like very much. "

A month ago, the Juvenile Court of Florence, which she led, for the first time in Italy has recognized the adoption of two children by two men, but Italian citizens resident in the UK. The Florence judges ordered the transcription even in Italy the orders issued by the British Court: children are thus given the status of children and Italian citizenship.

In May 2016 Laura Laera was audited Justice Committee as part of the consultation on the reform of Law 184 ( here the shorthand ). Here it touched without reticence all the hot topics of adoptions. "One wonders whether it is still a valid and current system for our times," he began, "it must be said that Law No. 184 of 1983 was based on legitimate family. The centerpiece of the adoption as it was imagined by the time the legislature had as its central theme the defense of the legitimate family "and that" adoption in special cases has been suggested as a safety valve for all situations that could not be covered adoption legitimizing and which also were already present at the time, even though fewer in number compared to now. In that way also it allowed other children who could not fit in that category to maintain relationships that maybe they had already established with other unmarried persons, so even unmarried couples, also single . " And again: "I understand the positions of some, who are on the defensive than the legitimate family. It is quite understandable, because it is a model that we have introjected. The cultural models require several years to evolve and change. We, too, judges, who are working on these issues for many years, we have our difficulties. What we try to do, or at least I try to do, is to have an ideological approach. The court must set aside any ideological approach on family matters, must face the casuistry that occurs from time to time with a secular approach, it must occur in a specific case what is the law applicable in respect of the minor. I believe this is the approach. "

The cultural models require several years to evolve and change. What we try to do, or at least I try to do, is to have an ideological approach. The court must set aside any ideological approach on family matters, must face the casuistry that occurs from time to time with a secular approach, it must occur in a specific case what is the law applicable in respect of the minor. I believe this is the approach

Research the origins

On researching the origins spoke to four mothers who contacted the Court at the request of children they would like to know, " all four have lifted the anonymity and they even thanked . I say to all those who had expressed understandably fear of upsetting the lives of these women after so much time. Not only they have not been disrupted, but they welcomed our approach this, of course, the case with all the delicacies, the politeness and attention possible, thanking us. "

Stepchild adoption

On stepchild adoption said that " Article 44 does not distinguish sex or gender of the people, talking to people who can adopt . The interpretation that has developed over the years has allowed both to unmarried couples to adopt children under Article 44, paragraph 1, letter a ), in some cases c) and d ), and also to individuals. You understand that the distance is short. When he presented the case of rainbow families there was an interpretation which allowed the adoption in special cases for companion son "..." it is not so new but an interpretation that comes from afar, addressed sites other than the law, "" obviously adoptions that require a judgment in each case, so the judicial function is crucial, should not be automatic in any type of adoption, but this should be left to the individual case evaluation . "

International adoption

"We're very careful to mention easier and faster international adoption" was the first statement by Laura Laera in that audition facing chapter of international adoptions. Because "in reality, international adoption is not an easy school ." The waiting times are like "a time of gestation," "also useful to the ripeness of the pair, that when he approached the world of adoption must follow a path. Adopt is not quite as becoming parents of an illegitimate child, is something else, more complex. "

The decree of suitability in his opinion should be maintained, "I would not be so quiet in thinking that it is enough to ask the question and then be taken over by an entity for the search of the child abroad. Keep in mind that, obtained the suitability to adopt, about 30% of couples does not activate the decree of suitability, is lost in the path. This route also serves to capture some people the knowledge that maybe it's not quite what they were looking for ", since" I think that not all couples can adopt, but I also think couples . "

About the adoptive failures (numbers "modest but painful") cited the case of success in Tuscany " an African child adopted by a Tuscan family, presented as an orphaned child, accompanied by an aunt at the airport, and then it turns out that it was not an orphan , that the aunt was the mother and this child came to Italy convinced to come here to study in foster care, play football and then return to his country. This adoption has given rise to a refund. I'll tell to tell you that international adoption is a complex process that requires great professionalism from all the relevant authorities. " ?

It must point to a collaboration between all institutions working in this area, which everyone does his part well and there is an exchange of training-information also culturally between us, as it always was.

The future of

the Italian system of international adoptions for Laura Laera is " a strong system ": abroad the fact that there is judicial control is perceived as a "certificate of guarantee", so that "we are the second country in the world for inputs minor and I would say the first as the first is the United States of America. " In the future, " it must point to a collaboration between all institutions working in this area, that everyone plays his part well and there is an exchange of training-information also culturally between us , as it always was. We have formed the services, and I refer to the Juvenile Court, which before the reform was the only one who made the selection of couples. We formed, therefore, the services, which were the bodies. It is a circle, cut pieces of what I think might be dangerous . "

Pictured from right Laura Laera, President of the Juvenile Court of Florence with the National Ombudsman for Children and Adolescents, Filomena Albano and Alessandra Maggi, President of the Institute of the Innocents.

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