Question juridique clé
Whether the refusal to grant authorization to receive a child for adoption under Art. 11b OPEE was unlawful
Solution extraite
The cantonal court could lawfully find that the statutory conditions were not met, because the applicants' overall situation left unresolved doubts about their ability to meet an adopted child's specific needs and their support network was insufficient.
Motifs extraits
The Federal Court held that the child's best interests require an overall assessment. The psychiatric expertise was only one element and, although partly favorable, did not dispel the doubts raised by the social inquiry and the applicants' limited adaptive resources, especially in view of the husband's mild intellectual disability and the need for reliable external support.