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In Tackling the issue of the constitutionality of the provision, the Court granted that although the repeated aid of legislation, the discipline of the process of motherhood in the case of international adoption was still disorganized.

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Besides, it was noted that the above treatment is also known with no age limit, but rather with the hope that it is even if the child has exceeded six years and until the age of majority, in favor of female employees ( Article. 27, paragraph 1 ¡), the self employed, the direct cultivators, and the colonies, artisans and merchants of businesses and finally the principal purpose of agricultural entrepreneurs (Article 67, paragraph 2 ¡).

Continuing in the observation of the legislation in question, the Court noted that instead of the professional women, contained in the placement. 72 confers the compensation provided that the child has exceeded the six years of age, without making any distinction between national and international adoption, so the limit revises both hypotheses.

On this argument, the Court has set out his idea, holding that the prediction nonsense legislation in question was assumed to manifest, as it is given to identify factors that exonerate the difference in the treatment of motherhood for professional women relative to that declared in the same hypothesis Adoption, "not only for employees, but also for self employed, certainly more akin to that category in question."