Parental responsibility in Italy
- Parental responsibility in Italy
- To whom is parental responsibility entrusted?
- Duties and rights of those who exercise parental responsibility
- How is parental responsibility carried out?
- Legal Usufruct of Parents in Parental Responsibility
- Revocation or suspension of parental responsibility
- What does the loss of parental responsibility entail? And the limitation?
- Legal advice for parental responsibility in Italy
Parental responsibility is a pillar of family law, established to ensure that parents carry out their duties towards children responsibly and in accordance with their well-being. It has replaced the concept of parental authority, abandoning a patriarchal and authoritarian vision to introduce a more balanced approach oriented to the protection of the minor. This concept is not limited to the material care of the child, but extends to education, protection and psychological and moral growth, placing their superior interest at the centre.
Family law governs in detail how parents’ responsibility must be exercised, both in situations of family normality and in more complex contexts, such as separation or divorce.
In cases in which one of the parents lives abroad or finds themselves in transnational situations, a law firm for family law can be crucial to manage at best the legal and cultural challenges, ensuring full protection of the rights of the minor in matters of parental responsibility for foreigners in Italy.
- Filiation and minors
- Disavowal of paternity
- Judicial declaration of maternity and paternity
- Claim of the status of child
- Administration of the minors assets
- Parental responsibility
- International child abduction
- Filiation for same sex couples
- Assisted fertilisation and medically assisted procreation abroad
To whom is parental responsibility entrusted?
Parental responsibility is jointly attributed to both parents, who must exercise it by mutual agreement, regardless of their marital status or whether they are cohabiting. This principle also applies to situations in which the parents are separated or divorced, ensuring to the minor the right to maintain meaningful and continuous relationships with both. The law, therefore, aims to protect not only the rights of the minor, but also the principle of equality between parents in the exercise of parents’ authority.
However, there are situations in which responsibility is entrusted to a single parent. For example, if one of the parents is unable to participate in decisions for serious reasons, such as distance, incapacity or harmful conduct, the judge can attribute responsibility exclusively to the other parent. In these cases, the interest of the minor remains the guiding criterion, and every decision is taken assessing their protection and development.
For international families, as in the case of a person residing abroad or a foreigner residing in Italy, the situation can become more complex. Often issues arise linked to the competent jurisdiction or to the habitual residence of the minor, that require an in-depth analysis. The support of a lawyer for family law, with experience in transnational matters, is essential to ensure that the rights of the parent and of the child are respected.
Duties and rights of those who exercise parental responsibility
Those who exercise parents’ responsibility are called to ensure not only the physical well-being of the child, but also their moral, cultural and social development. First of all, it is the responsibility of the parents to ensure the care and protection of the child, ensuring a stable and serene family environment, where the minor can feel safe and protected from any danger. This means, for example, preventing situations of abuse or neglect and intervening promptly in case of need.
In addition, parents have the task of providing for the instruction and education of the minor.
They must support the child in the educational path, choosing the schools or courses that best fit their natural inclinations and aspirations. Education also includes the teaching of moral and cultural values, essential for the balanced growth of the minor.
Finally, parents must take into account the opinions of the child, in particular when they have reached an age and maturity sufficient to express their wishes. This principle, recognised by law, aims to valorise the dignity and autonomy of the minor, allowing them to participate in the decisions that concern them.
How is parental responsibility carried out?
Parental responsibility is manifested through the exercise of fundamental and daily decisions concerning the life of the minor. Parents must agree on crucial aspects such as habitual residence, the school to attend, necessary medical care and the general organisation of the child’s life.
These decisions must always be taken in the interest of the minor, taking into account their needs and inclinations.
However, in cases in which parents cannot find an agreement, it is possible to resort to the judicial authority. The judge, assessing the situation and possibly hearing also the minor, will attribute decision-making responsibility to the parent considered most suitable to protect the interest of the child.
This can happen, for example, in case of transfers abroad or of divergences on educational matters.
For international families, such as a person residing abroad or a foreigner residing in Italy, these problems are amplified. The management of parental responsibility can entail jurisdictional conflicts or difficulties in the application of different rules. In such contexts, a law firm for the protection of the rights of minors, just like Boschetti Studio Legale, becomes essential to resolve disputes and ensure that decisions comply with the superior interest of the child.
Legal Usufruct of Parents in Parental Responsibility
Legal usufruct is a fundamental element of parental responsibility, which attributes to parents the right to benefit from the fruits arising from the assets of the child until reaching the age of majority or emancipation. This right, provided by the Codice Civile, is not absolute, but strictly bound to the obligation to use such resources exclusively for the maintenance, education and instruction of the minor. The purpose is to ensure that the assets of the child are used solely for their well-being and growth, avoiding abuses or improper uses.
Legal usufruct entails for parents obligations analogous to those of ordinary usufructuaries: they must administer the assets of the child with the diligence of a good father of a family, preserve their integrity and return them in their entirety at the end of the period of usufruct. Not all assets of the child fall within legal usufruct: excluded, for example, are assets purchased with the proceeds of one’s own work, those intended to undertake a career or professional activity, and assets received by inheritance or donation with a specific condition of exclusion of usufruct for parents.
This institution underlines the link between patrimonial management and parental responsibility, imposing on parents to consider the estate of the child not as a personal resource, but as a tool to support the minor in their growth.
The legislation also provides that any violations in the administration of the assets may entail the limitation or removal of the parent from patrimonial management, to protect the interests of the child. Legal usufruct, therefore, not only offers economic support to the family, but also imposes a strict control over the use of resources, reflecting the importance of responsible parenthood also in the patrimonial sphere.
Revocation or suspension of parental responsibility
The revocation or suspension of parents’ responsibility are exceptional measures adopted when a parent does not fulfil their obligations or proves incapable of protecting the minor. Revocation is a definitive measure that entails the loss of every right towards the child, while suspension has a temporary nature and can be revoked once the causes that determined it are resolved.
For example, suspension can be ordered in case of temporary problems such as a serious illness, while revocation is provided in the most serious cases, such as abuse, mistreatment or conduct that endangers the safety of the minor. The judge can also establish further measures, such as the removal of the parent from the family residence or the placement of the minor in a protected environment.
What does the loss of parental responsibility entail? And the limitation?
Loss of parental responsibility is an extreme measure that applies when a parent proves seriously in default or dangerous for the minor. This entails the loss of every legal right towards the child, including the possibility of participating in decisions that concern them. It is the case of parents who abuse their powers, neglect parental duties or put at risk the safety and well-being of the child.
Limitation, instead, applies in more circumscribed situations, such as in the patrimonial management of the minor. For example, if a parent improperly uses the assets of the child, the judge can order the removal from management and appoint a curator. Both measures can be revoked if the causes that determined them cease.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Legal advice for parental responsibility in Italy
A foreigner residing in Italy or a person residing abroad who must address questions linked to parental responsibility for foreigners in Italy often finds themselves dealing with complex regulations and different legal systems. In these cases, the advice of a lawyer for family law with international experience is essential to ensure full protection of one’s own rights and those of the minor.
Boschetti Studio Legale, a law firm for family law and the protection of the rights of minors, offers complete assistance to address cases of custody, international abduction and patrimonial management. Thanks to our competence in Italian and international rules, we are able to handle even the most complex situations. Contact us today to receive personalised advice and to best protect your rights.
Fill in the form to allow us to assess your case. We will contact you back within 48 working hours to inform you whether and how we can assist you.
This form is reserved for those who need legal assistance on a concrete situation. We do not provide free advice nor answers to generic queries by email. If you have a case that requires professional assessment, fill in the form: we will contact you back for a first exploratory meeting.
Via dei Gracchi, 151
00192 Rome – Italy
info@familylawboschetti.com
Phone: + 39 – 06 889 21971
By appointment only
Days: Monday – Friday
Opening hours: 9.00–13.00 / 16.00–20.00
Who can request the loss of parental responsibility?
The loss of parental responsibility can be requested by one of the parents, by legal guardians or by social services when they consider that the conduct of a parent is seriously prejudicial for the child. The judge assesses the evidence presented and decides on the basis of the superior interest of the minor, ensuring their protection and well-being.
When is parental responsibility limited?
Parental responsibility is limited when a parent demonstrates incapacity to adequately manage the estate of the child or adopts prejudicial conduct that, while not justifying the loss, requires intervention to protect the minor. In these cases, the judge can order the limitation and, if necessary, appoint a curator.
What is meant by responsible parenthood?
Responsible parenthood means the exercise of rights and duties by parents in a way conforming to the well-being of the child, ensuring their growth, education and protection. This implies conscious choices, attention to the physical and psychological needs of the minor and respect for their inclinations and aspirations.
When does parental authority end?
Parental authority, now replaced by parental responsibility, ends automatically upon the child reaching the age of majority or in case of emancipation. It can also end by decision of the judge in situations of loss, when the parent proves seriously inadequate to protect the well-being of the child.
