The facts of the case relate to the legal guardianship and subsequent adoption of the daughter of Leonardo Fornerón without her consent, as well as the following lack of criminal investigation into the supposed “sale” of the child for adoption.

The IA Court established the importance of the principle of the best interests of the child in cases relating to care and custody of minors. As such, the Court analysed the judicial evaluation of parental behaviour and the traditional concept of the family in relation to the prohibition of discrimination.

Furthermore, the Court evidenced that administrative and judicial procedures relating to cases of adoption, guardianship, and custody of children should be managed with diligence and necessary speed on the part of the authorities, as lengthy proceedings can have a negative impact on parental relationships and can lead to irreparable and complicated situations which become damaging for the interests of the child.