Adoption for singles in Italy
- Adoption for singles in Italy
- What are the prerequisites and requirements to adopt a child as a single person
- The adoption of foreign children by Italian singles
- In which cases can a person living alone adopt a child?
- Adoption for singles in other European countries
- Historic judgment of the Corte Costituzionale n. 33 of 21 March 2025: what changes
- Legal advice for adoption for singles in Italy
In Italy there is a clear hierarchy in the possibilities of access to adoption. The fundamental requirement to proceed with a “full” adoption remains marriage, with the further specification that the spouses must have been married for at least three years. In addition, the declaration of suitability for international adoption is reserved exclusively for married couples.
In the scenario described, with regard to adoption for singles, the possibilities are reduced to the special cases provided by art. 44 della legge 184/1983. This rule represents the only “window” through which unmarried persons can access adoption, albeit in limited circumstances specifically defined by law; while a separate discussion must be made for adoptions of foreign children (international adoption).
Boschetti Studio Legale provides specialised advisory activity for those who wish to undertake the path of adoption as singles, both national and international. Thanks to our experience in international and family law, we accompany the client in every phase: from the preliminary assessment in the cases provided by art. 44, to the preparation of documentation, up to assistance in dealings with the Juvenile Court. Contact us for a consultation in the office or remotely, and we will assess your case closely.
What are the prerequisites and requirements to adopt a child as a single person
In Italy, legitimating adoption, which creates a bond of filiation similar to the biological one, is reserved for married couples, both for national and international adoptions. This restrictive position of the Italian legal system, which significantly differs from that of other European countries more open to adoption by singles, has been further consolidated by the Corte Costituzionale, which, with order 85/2003, did indeed reaffirm the centrality of the interest of the minor, but maintained the traditional approach that sees the married couple as the preferential context for adoption.
However, there are exceptions that allow singles too to adopt a child: this refers to those cases in which it is possible to undertake the path of adoption in special cases, provided by art. 44 della legge n. 184 del 1983: a type of adoption that does not entirely sever the ties with the family of origin, unlike legitimating adoption.
But what exactly are these special situations? The legislation identifies three main scenarios:
- the adoption of persons united with the minor by a bond of kinship up to the sixth degree or by a pre-existing stable and lasting relationship, when the minor is orphaned of father and mother;
- the adoption of a minor, orphan, with disability;
- cases in which pre-adoptive fostering is impracticable.
This last hypothesis, namely the provision provided by letter d) of art. 44 (“when there is the ascertained impossibility of pre-adoptive fostering”) presents itself as a closing clause designed by the legislator in order to allow the addressing of exceptional situations with a flexible approach. It recognises and values the affective bonds already existing between the adopter and the minor, ensuring continuity in relationships. This principle was further reinforced by legge n. 173/2015, which underlined the right of the minor to affective stability, highlighting the importance of safeguarding the relationships that have consolidated over time.
Case law has gradually broadened the scope of application of art. 44, adopting a more inclusive approach towards subjects not traditionally recognised as adopters. The Supreme Court of Cassation, with order n. 17100 of 2019, affirmed that adoption in special cases can also be granted to single persons or to de facto couples, provided that such choice is consistent with the superior interest of the minor. This judgment represents an important case-law precedent, since it opens the way to adoption for singles, broadening the interpretation of art. 44 della legge 184/1983, which governs adoption in special cases.
The case concerned the adoption of a seriously ill child by a 62-year-old single woman, after the lapse of parental responsibility of the biological parents. The latter had contested the decision, citing the absence of their consent and the excessive age difference. The Supreme Court confirmed the validity of the adoption, based on article 44 della Legge 184/1983, which permits special adoption in particular cases without specific subjective requirements for the adopters. The Court established that the superior interest of the minor, represented by the strong affective bond with the adopter, prevails over formal objections and over the dissent of the biological parents, considered inadequate for the parental role.
The adoption path for singles is complex, because it represents, as we have seen, an exception; it therefore requires the support of experienced and competent professionals. Boschetti Studio Legale, an international law firm, thanks to its team of lawyers experienced in family law can assist you in this complex path, providing you with specialised legal advice and support in every phase of the process of adoption for singles.
Our task is to demonstrate to the Juvenile Court, that, having assessed all the circumstances and the legal requirements, the existing case law on the matter, the single person can be declared suitable for adoption. We ask the judges to open the door to a possibility that, although representing an exception to the general principle that privileges married couples, recognises the complexity of human situations and the need always to safeguard the superior interest of the minor.
The adoption of foreign children by Italian singles
As we have seen, at the national level, adopting a child as a single person is possible through the institution of “adoption in special cases” (art. 44, legge 184/1983). This tool proves fundamental in specific situations: when the single person is a relative up to the sixth degree of the minor, when there is a pre-existing stable and lasting relationship with the child, or in cases of minors with disabilities. The case-law evolution has progressively broadened the interpretation of these cases, as demonstrated by the significant judgment of the Cassazione n. 17100/2019, which privileged the interest of the minor as a fundamental guiding criterion.
On the international front, a significant turning point came in 2005 with order 347/2005 of the Corte Costituzionale, which established the admissibility of international adoption by singles in the cases provided by art. 44 della legge 184/1983. The question had been raised by the Juvenile Court of Cagliari, regarding a single person who was requesting suitability for the adoption of a Belarusian minor. The Court provided a constitutionally oriented interpretation, affirming that the rules of protection valid for Italian minors must apply also to foreign ones. It clarified that adoption “in special cases” does not present features of exceptionality such as to prevent its extension to foreigners. This interpretation eliminates differences in treatment between national and international adoption, opening the possibility of adopting foreign children who, due to age, physical conditions or affective bonds already established, would hardly find placement in their country of origin.
Particularly innovative was the judgment of the Juvenile Court of Rome n. 2233 of 2019, which, validating with full legal value the adoption judgments pronounced by two foreign courts, recognised with the effects of full adoption the adoption of two foreign minors by an Italian single university professor residing in South Africa. This ruling represents a fundamental legal precedent, being the first time that an Italian court fully recognises the effects of an international adoption by a single person, thus opening new prospects in the national legal panorama on adoption matters.
Adoption for the single person of a foreign child, therefore, is possible:
- when between the unmarried person and the foreign minor orphaned of father and mother there exists a stable and lasting relationship, pre-existing the death of the parents;
- in the case of adoption of a minor orphaned of father and mother, in a condition of handicap pursuant to article 3, comma 1, della legge 5 febbraio 1992, n. 104;
- in the case of impossibility of pre-adoptive fostering of a minor, both due to characteristics of the child (age, physical or mental health) that make it difficult to find a suitable couple, and due to the existence of a strong affective bond with the single person whose interruption could cause psychological harm to the minor.
The Court of Appeal of Naples (judgment n. 145/2018) too has affirmed that the decisional yardstick for adoption in special cases is always the priority interest of the minor: a principle that has already opened, and continues to open, new chances for adoption by singles, while maintaining the necessary protections and guarantees provided by the legal system. This balance between openness and caution characterises the current Italian approach to adoption by singles, differentiating it from that of other European countries such as France, Spain and England, which have more permissive regulations.
Boschetti Studio Legale, thanks to its profound experience in international and national family law, offers specialised assistance to persons who wish to undertake the path of adoption by singles. Our team of experts can guide you through both options available, national and international adoption, providing personalised advice that takes into account your specific situation.
In which cases can a person living alone adopt a child?
Adoption by single persons is permitted, but requires compliance with specific conditions and is provided only in particular situations. Although legitimating adoption is traditionally reserved for married couples, there are exceptions that allow singles to become adoptive parents.
One of the possibilities for singles is adoption in special cases, governed by legge n. 184 del 1983. This type of adoption is conceived to protect the right of the minor to grow up in a family, even when legitimating adoption is not possible. It can be applied in different situations, for example when there is a bond of kinship within the sixth degree or a stable affective relationship between the single person and the minor, established before the death of the parents. In addition, this form of adoption can concern orphan minors with disability or cases in which pre-adoptive fostering is impracticable, such as when no couples suitable to take care of the child can be found or when the pre-existing affective bond with the single person is so strong that interrupting it would be harmful.
A preliminary step often necessary is temporary fostering, during which the single person has the opportunity to create a stable and deep bond with the minor, thus building the bases for the definitive adoption.
International adoptions, in addition to requiring the existence of “special cases”, presuppose compatibility with the foreign legal system, namely that to which the child to be adopted belongs. It is essential, therefore, that the country of origin of the minor admits adoption by single persons and that the authorities consider that adoption by the single person corresponds to the best interest of the minor. In the presence of such conditions, the adoption declared abroad can subsequently be recognised in Italy as well. A significant example is the previously cited judgment of the Juvenile Court of Rome that recognised the adoption of two children by an Italian citizen in South Africa.
Despite the difficulties and the often long timeframes, adoption by singles, both national and international, offers a real possibility of parenthood and ensures children a peaceful future in an adequate family environment. To address this complex path, it is advisable to rely on family law lawyers, capable of providing qualified legal support. Boschetti Studio Legale, expert in international family law, can assist you on this delicate path, putting on the field the professionalism and competence of its team of family law lawyers.
Adoption for singles in other European countries
Adoption by single persons is a consolidated reality in many European countries, albeit with different nuances in regulations and procedures. Most of the Member States of the European Union, together with Norway and Switzerland, recognise to singles the possibility of adopting, promoting the right of the minor to a family and valuing the superior interest of the child.
France, Germany, England and Spain have regulations that allow singles to adopt, both at national and international level. In France, adoption by singles is possible both in the “full” form, which entirely interrupts the bond with the biological family, and in the “simple” form, which maintains some bonds with the family of origin. Germany, similarly, allows singles to adopt, also through the so-called “stepchild adoption”, which allows the adoption of the partner’s child. In England, adoption by singles is a widespread practice, with about 12% of adoptions made by unmarried persons. Spain too recognises to singles the possibility of adopting, equating them to married couples and de facto partners.
However, some countries still present restrictions. In Croatia, for example, adoption by singles is subject to a specific assessment of the “best interest of the child”, while Luxembourg only permits “simple” adoption, but not “full”. Italy, Lithuania and Slovakia, instead, represent an exception in the European panorama, not explicitly providing for the possibility of adoption for singles.
Historic judgment of the Corte Costituzionale n. 33 of 21 March 2025: what changes
With the recent judgment n. 33 of 21 March 2025, the Corte Costituzionale opened a new era for unmarried persons who wish to adopt. The Court indeed declared the constitutional illegitimacy of art. 29-bis della legge 184/1983 in the part in which it did not include singles among potential adopters of foreign minors.
This historic decision finally recognises that even a single person can ensure a stable and harmonious environment, going beyond the traditional vision that limited adoption to married couples alone.
The Court highlighted how such limitation violated the right to private life and to self-determination enshrined by artt. 2 della Costituzione e 8 della CEDU. Particularly significant is the recognition that the interest of the minor can be fully safeguarded also in a single-parent family context, with case-by-case assessment of the suitability of the adopter.
The judgment puts an end to an absolute prohibition that, in the current legal-social context, was neither proportionate nor necessary, especially considering the decline in adoption applications recorded in recent years. Singles will however have to respect the other requirements provided by law, such as affective and educational suitability and adequate age.
Boschetti Studio Legale is already operative to assist those who wish to undertake this path, providing specialised advice and support in every phase of the procedure. From the first informational appointment until obtaining the suitability decree and beyond, we make available our experience to transform this new opportunity into a concrete reality for you and for the minors awaiting a family.
Typical scenarios / Case studies
The typical scenarios have been developed by combining the most significant family law cases that the firm routinely handles, with the aim of creating a structured and complex case study to help readers navigate the handling of their own personal cases. The case studies, on the other hand, illustrate individual cases that have actually been handled by the firm, with data and details anonymised to ensure client confidentiality.
Registrazione del contratto di convivenza e regolarizzazione del partner straniero
Coppia residente a Roma: cittadino italiano e compagna straniera priva di documenti di soggiorno. Ricorso cautelare ex art. 700 c.p.c. per tutela della convivenza, seguito da pratica per carta di soggiorno familiare UE.
Adozione di maggiorenne per riconoscere un rapporto familiare di fatto
Cittadino statunitense residente a Roma con legame affettivo stabile con lo zio acquisito. Procedimento per adozione di persona maggiorenne ex artt. 291 e ss. del Codice Civile per formalizzare il rapporto familiare.
Contratto di convivenza per coppia italo-brasiliana: tutela patrimonio e permesso di soggiorno
Imprenditore italiano e compagna brasiliana conviventi da tre anni a Milano. Tre vulnerabilità interconnesse: migratoria, patrimoniale e successoria, risolte con un intervento coordinato su tre fronti paralleli.
Adozione in Colombia: coppia italiana realizza il sogno dopo 3 anni di percorso
Una coppia sposata da otto anni intraprende l’adozione internazionale con la Colombia. Un percorso attraverso due ordinamenti, tre istituzioni italiane e l’autorità centrale colombiana.
Successione con eredi in 4 paesi diversi: coordinamento Italia-USA-UK-Svizzera
Un imprenditore italiano lascia un patrimonio distribuito tra Italia, Stati Uniti e Svizzera, con quattro eredi in altrettanti paesi. Quattro ordinamenti, quattro sistemi fiscali da coordinare in parallelo.
Adozione maggiorenne figlio del partner: riconoscimento legame affettivo ventennale
Un uomo di cinquantotto anni chiede di adottare il figlio trentenne della moglie, cresciuto insieme da vent’anni. Un legame reale che la legge non riconosceva, con implicazioni successorie per i figli biologici.
Impugnazione testamento per lesione di legittima: recuperati 800.000 euro per gli eredi
Due figli ricevono 20.000 euro ciascuno da un testamento che lascia quasi tutto alla seconda moglie del padre. Un’azione di riduzione per lesione della quota di legittima risolta in mediazione.
Pianificazione successoria azienda familiare: passaggio generazionale da 3 milioni
Un imprenditore di sessantadue anni deve trasferire un’azienda da 50 dipendenti al figlio che la gestisce, tutelando la figlia che ha scelto un altro percorso. Patto di famiglia e holding per garantire continuità.
Adozione internazionale da parte di single: quando la legge apre una strada che pochi conoscono
Una donna single di quarantacinque anni intraprende l’adozione internazionale. Un percorso giuridicamente possibile ma poco conosciuto, che richiede una strategia legale specifica fin dal decreto di idoneità.
Eredità digitale: gestione criptovalute e asset digitali del defunto
Un professionista muore lasciando criptovalute per oltre 600.000 euro su wallet e exchange, senza istruzioni di accesso. Un patrimonio digitale che rischiava di andare perduto per sempre.
Rettifica del nome per persona transgender: documenti coerenti con la propria identità
Una professionista trentaduenne, in trattamento ormonale da otto anni, con documenti ancora al nome maschile di nascita. La discrepanza anagrafica generava outing forzati quotidiani in ambito lavorativo, bancario e amministrativo.
Attribuzione di sesso e aggiornamento di oltre 20 documenti: dalla sentenza alla nuova identità anagrafica
Un dirigente di 45 anni con sentenza di rettificazione già ottenuta si trova davanti al vero ostacolo: coordinare carta d’identità, patente, laurea, contratti di lavoro, mutuo e polizze assicurative presso enti con procedure non uniformate.
Legal advice for adoption for singles in Italy
Adoption for singles represents a possible path, but governed by precise regulatory provisions. While the law privileges married couples for legitimating adoption, there are significant legal openings also for singles through the institution of adoption in special cases (legge 184/1983).
The situations in which a single person, this also applies to foreign citizens residing in Italy, can adopt include: the existence of a stable relationship with an orphaned minor (formed before the death of the parents), the adoption of orphan minors with disability, or cases where pre-adoptive fostering proves impracticable.
On the international front, order 347/2005 of the Corte Costituzionale opened new prospects, allowing singles to access international adoption in specific cases, analogous to those provided for national adoption.
The path requires the filing of the application with the Juvenile Court, which assesses the candidate’s suitability. For international adoptions, it is also necessary that the country of origin of the minor admits adoption by singles and that the foreign authorities consider it in the interest of the child.
Boschetti Studio Legale offers specialised advice in this area, accompanying clients in every phase of the process, from the initial assessment to the completion of the adoption. Here are some examples of how one of our lawyers for adoptions can assist the potential adoptive parent:
- Analysis of the specific case: we assess the personal situation of the single person, considering factors such as age, economic stability, health, family and social environment, to determine whether the requirements for adoption exist and which path is the most suitable (national adoption in special cases or international adoption).
- Illustration of the regulatory framework: we explain in detail Italian legislation on adoption matters, clarifying the differences between legitimating adoption and adoption in special cases, the requirements necessary for singles, the rights and duties of the adoptive parent.
- Identification of the ideal adoptive path: based on the specific situation of the single person, we can advise whether it is more appropriate to proceed with national or international adoption, considering the requirements of the various countries and the possibilities of success.
- Preparation of documentation: we guide the single person in the preparation of all the documentation necessary for the adoption application, ensuring that it is complete, correct and submitted according to the methods provided.
- Legal representation during the procedural process: we represent the single person before the Juvenile Court, supporting their request for adoption and protecting their rights.
- Obtaining recognition of the adoption in Italy: in the case of international adoption, we take care of obtaining the recognition of the adoption order in Italy, ensuring that it has full legal validity.
In summary, our law firm for adoptions for singles, expert in international family law, can make the path of adoption for singles clearer, smoother and safer, offering legal and practical support in every phase of the process.
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How to adopt a child in Italy as a single person?
To adopt a child in Italy as a single person, one must resort to adoption “in special cases”, a form of adoption that applies when legitimating adoption, reserved for married couples, is not possible. Italian law provides for several situations in which it is possible to resort to adoption “in special cases” for singles too, for example when a stable and lasting affective bond already exists between the single person and the minor, or when the child has specific needs that make fostering with a couple difficult.
Can someone single adopt a child?
Yes, a single person can adopt a child in Italy, but only in specific cases provided by law, such as adoption “in special cases”. Legitimating adoption, which creates a bond of filiation similar to the biological one, is generally reserved for married couples.
In which countries is it possible to adopt as a single person?
France, Germany, England, Spain and the United States allow adoption by single persons, with some differences in procedures and requirements. Some countries, such as Croatia, assess adoption by singles on a case-by-case basis, based on the principle of the “best interest of the child”. Italy, Lithuania and Slovakia are the only countries in the European Union that do not explicitly provide for adoption for singles.
How long does it take to adopt a foreign child?
The timeframes for international adoption vary significantly, on average between 2 and 4 years. The process is divided into several phases: the preliminary one (6-12 months) to obtain the suitability decree, the intermediate phase (2-4 months) for the preparation of documents, the foreign phase (1-3 years) which depends on the country chosen and its procedures, and finally the conclusive phase (3-6 months) to complete the adoptive process.
