VfGH 11.12.2014, G18/2014 (In the Child's best Interest)

The Austrian Constitutional Court repealed a provision under which an adoptive parent needed to be at least sixteen years of age older than the adoptive child. The Court stated that such a rigid age restriction results in a violation of the child's best interest and the child's right to the best possible development and deployment, as a slight shortfall of the age difference is not possible; not even with judicial discretion. The child's right to the best possible development and deployment exhibits the essential content of a social right. Hence, the present judgment needs to be seen in view of the general discussion concerning constitutionally granted social rights in Austria.