Documents for adoption in Italy

The support of children and of the wife has always represented a crucial question in family law, especially in cases of separation and divorce.

Adoption is a path that allows offering a stable and affectionate family to a child who is in situations of distress and, therefore, of need, but requires the knowledge and respect of precise procedures, especially as regards the necessary documentation.

Both national and international adoption prescribe the obligation to submit certain documents for adoption in Italy for citizens or foreign spouse.

For foreign citizens residing in Italy, or for the foreign spouse, it is fundamental to understand what the necessary bureaucratic requirements are and to rely on qualified legal support to correctly manage every phase.

Documents for national adoption for citizens with residence in Italy

The documents for national adoption vary based on the situation in which the applicants find themselves. Foreign citizens residing in Italy must first of all demonstrate their regular residence and, with the help of Boschetti Studio Legale, will be able to submit petition in order to obtain the certificate of suitability issued by the Juvenile Court (Tribunale per i Minorenni).

This certificate attests that the applicants possess the necessary requirements to adopt, as provided for by Legge n. 184/1983.

It is also necessary to submit the certificates of birth and of marriage (or of declaration of cohabitation), any certificates of previous criminal records, as well as a certification of income sufficient to ensure the support of the minor.

In some cases a medical certificate may be required which also demonstrates the physical and psychic suitability of the applicants.

The social services of the municipality of residence conduct an accurate assessment of the family environment to verify the capacity of the adoptive parents to provide the child with a safe and loving home.

For foreign citizens residing in Italy it is also important to submit documentation that attests the long-term residence permit, essential to demonstrate their stable bond with the Country.

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Documents for international adoption

International adoption, the object of conventions such as the 1993 Hague Convention, certainly requires more complex documentation, having to respond to the necessity of respecting both internal national regulation and that of the Country of origin of the minor to be adopted.

Also in such case, however, the first step to take is to turn to Boschetti Studio Legale whose lawyers will assist and guide you to obtain the suitability for international adoption, pronounced by the Tribunale per i Minorenni. Such document will certify that the applicants satisfy all the legal requirements to positively conclude the procedure of international adoption.

Among the main documents for international adoption to be submitted are the certificate of residence, the family status, the certificate of marriage or cohabitation, the income tax returns.

The usefulness of a psycho-social report is also highlighted, drafted by the territorial social services, or by an authorised Entity, which assesses the capacities and inclinations of the parents in addressing the challenges deriving from an international adoption.

Among the fundamental documents that the applicants must provide, naturally the passport cannot be forgotten, the residence permit if applicable, a declaration attesting the absence of previous criminal records.

Depending on the Country of provenance of the minor, further documents may then be requested.

Typical scenarios / Case studies

The typical scenarios have been developed by combining the most significant family law situations that our firm regularly handles, creating structured and realistic examples designed to help readers better understand and navigate their own legal matters. The case studies, on the other hand, are based on real cases handled by our firm, with all personal data and identifying details anonymised to protect client confidentiality.

Cohabitation

Registering a cohabitation agreement and regularising the status of a foreign partner

A couple living in Rome, consisting of an Italian citizen and his foreign partner without valid residence documents, sought legal protection for their relationship. An urgent application under Article 700 of the Italian Code of Civil Procedure was filed to safeguard their cohabitation, followed by proceedings to obtain an EU family member residence card.

Result: The application was granted in full by the Court of Rome, and the EU family member residence card was obtained within 8 months.

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Adoptions

Adult adoption to legally recognise a de facto family relationship

A United States citizen living in Rome sought to formalise a long standing family relationship with his uncle by marriage through adult adoption. Proceedings were brought under Articles 291 et seq. of the Italian Civil Code to obtain legal recognition of their established family bond.

Result: The adoption was granted in full by the court, with the procedure completed within 10 months.

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Cohabitation

Cohabitation agreement for an Italian Brazilian couple: protecting assets and securing residence rights

An Italian entrepreneur and his Brazilian partner had been living together in Milan for three years. Their situation involved three interconnected legal vulnerabilities relating to immigration, asset protection and succession planning, all addressed through a coordinated legal strategy.

Result: The cohabitation was successfully registered, the family residence permit was obtained and the couple’s assets were protected within 3 months.

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Adoptions

Adoption in Colombia: an Italian couple fulfils their dream after a three year journey

A couple married for eight years embarked on an international adoption in Colombia. The procedure involved two legal systems, three Italian institutions and the Colombian Central Authority, requiring careful coordination throughout every stage of the process.

Result: The adoption procedure was successfully completed within 3 years without any procedural issues, and the adoption was duly registered in Italy.

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Successions

Succession involving heirs in four different countries: coordinated management across Italy, the United States, the United Kingdom and Switzerland

An Italian entrepreneur left assets located in Italy, the United States and Switzerland, with four heirs residing in four different countries. The matter required the parallel coordination of four legal systems and four tax regimes.

Result: The estate administration was completed within 14 months, achieving tax savings of more than €320,000.

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Adoptions

Adult adoption of a partner’s child: legal recognition of a twenty year family bond

A fifty eight year old man seeks to adopt his wife’s thirty year old son, whom he has helped raise for twenty years. Although the relationship was genuine and long established, it had no formal legal recognition, with significant implications for the biological children’s inheritance rights.

Result: The adoption was granted in full by the court, with no objections filed.

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Successions

Challenging a will for infringement of forced heirship rights: €800,000 recovered for the heirs

Two children inherited only €20,000 each under a will that left almost the entire estate to their late father’s second wife. An action to enforce their forced heirship rights was successfully resolved through mediation.

Result: €800,000 recovered through mediation, increasing the infringed forced heirship entitlement by more than 95%.

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Successions

Succession planning for a family business: transferring a €3 million business to the next generation

A sixty two year old entrepreneur needed to transfer ownership of a company employing fifty people to the son who had been managing the business, while safeguarding the interests of his daughter, who had chosen a different career path. A family agreement and a holding structure ensured business continuity and long term stability.

Result: The business was successfully transferred with the unanimous consent of all family members and full tax exemption within 6 months.

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Adoptions

International adoption by a single parent: when the law opens a path few people know exists

A forty five year old single woman embarked on an international adoption. Although legally possible, this route remains little known and requires a carefully planned legal strategy from the very first stage, beginning with the application for the certificate of suitability.

Result: The certificate of suitability was granted to a single applicant, and the adoption was successfully completed within two and a half years.

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Successions

Digital inheritance: recovering cryptocurrencies and digital assets after death

A professional passed away leaving more than €600,000 in cryptocurrencies held across multiple wallets and exchanges, without providing any access instructions. A substantial digital estate was at risk of being lost forever.

Result: €605,000 in cryptocurrencies was successfully recovered in full within 5 months.

Read the full case study

Gender identity

Legal name change for a transgender person: aligning official documents with gender identity

A thirty two year old professional, who had been undergoing hormone therapy for eight years, still had official documents bearing the male name assigned at birth. This discrepancy repeatedly forced unwanted disclosure of her gender identity in professional, banking and administrative settings.

Result: The court granted the legal name and civil registry rectification, and all official documents were updated within 6 to 12 months.

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Gender identity

Legal gender recognition and the update of more than 20 official documents: from court judgment to a new legal identity

A forty five year old executive had already obtained a court order granting legal gender recognition but was then faced with the real challenge: coordinating the update of an identity card, driving licence, university degree, employment records, mortgage documentation and insurance policies across multiple authorities, each with different procedures.

Result: More than 20 official documents were successfully updated within 6 to 10 months, with complete confidentiality ensured throughout the entire process.

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How can we help you

Relying on a lawyer for adoptions, experienced in these complex procedures, can really make the difference between an easy process and one full of obstacles. It is in fact necessary to know in time what the documents for adoption in Italy for citizens or foreign spouse are.

Boschetti Studio Legale ensures you complete and personalised assistance, both for national and for international adoptions, regardless of nationality, following you with professionalism and dedication in every phase of the bureaucratic procedure, facilitating you from the obtaining of the necessary documents up to the legal representation before the competent Tribunale per i Minorenni.

With the experience of its lawyers, it will guarantee you that the practices are dealt within regulation, taking care to accelerate the process and to provide the right support in every delicate moment.

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What is needed for an adoption?

For an adoption, certain requirements and documents are necessary, including: the petition for adoption to be submitted to the Tribunale per i Minorenni, certificates of birth and of marriage, medical certificates, certification of income, reports of the territorial social services.
Such documentation is the indispensable support to demonstrate the suitability of the requesting couple to welcome a minor, both from the economic and from the family profile.

What is the maximum age to adopt a child?

The maximum age to adopt a child in Italy is not expressly indicated, but can be derived per relationem from the requirements imposed by law, among which the prerequisite is specified whereby between the adopter and the minor there must be an age difference between 18 and 45 years. However, exceptions are also indicated in the case of couples already with children or who are in particular situations, as well as some international laws provide for peculiarities depending on the Country from which one adopts.

How much do adoption practices cost?

The adoption practice can have a variable cost, having to be parametered to the complexity of the case and to the type of adoption (national/international). The expenses can include legal advice, translations and contributions for authorised Entities.
Generally, the costs for a national adoption are much more contained compared to those necessary for an international adoption.

What income must one have to adopt a child?

The law does not establish a limit of income to allow the requesting couple to adopt a minor. However, it is important to demonstrate having a stable and solid economic situation to face the needs of the minor who will be welcomed into the family.
Therefore, it is necessary that the documental requirement be respected by virtue of which the adopting couple must also attach the income tax return to the petition for adoption.