When we speak of adoption, we usually think of minors, but there is a less well-known and equally significant possibility: the adoption of an adult. This is a legal instrument that makes it possible to formally recognise an emotional bond already existing between two adults, consolidating deep family relationships, often born over time and lived outside biological kinship.
In this guide I explain in plain language when it is possible to adopt after the age of 18, which conditions must be met and what the legal and emotional implications are for those who choose this path.
In which cases is it possible to adopt an adult?
Italian law provides for the adoption of an adult in the codice civile, articoli 291 e seguenti. This is an institution with mainly emotional and patrimonial purposes.
But when is it possible to adopt after the age of 18?
Under the law, the adoption of an adult person is permitted in the following cases:
- there is a stable emotional bond between adopter and adoptee, often built up over time (as in the case of former foster children, grandchildren raised by grandparents or adults welcomed as children even without ties of blood),
- the adoptee gives consent, given that they are legally capable individual,
- the adopter is at least 35 years old, save for some justified exceptions (for example prolonged cohabitation or consolidated affection),
- there must be at least 18 years’ difference between adopter and adoptee.
In addition to the consent of the adoptee, the opinion of the adopter’s spouse may also be required, if married, and the hearing of the children if any. The Court assesses the case, taking into account the solidity of the relationship and the sincerity of the intent.
What are the most common reasons for adopting an adult?
Behind this choice there are personal and emotional reasons, but also legal ones. The main reasons for adopting an adult include:
- giving continuity to a family bond already lived in fact but never formalised,
- legally recognising the parental role assumed over time,
- ensuring inheritance rights, allowing the adoptee to be a full heir,
- creating an official bond that can also be safeguarded on a legal level in delicate situations (such as illness, assistance, healthcare decisions).
Adoption never arises by chance: it is often the result of a long family history and of a deep wish for mutual protection.
What effects does the adoption of an adult have?
One of the most frequent questions concerns what adopting an adult involves from a legal point of view. The main legal effects of adopting an adult are:
- creation of a kinship bond between adopter and adoptee, which also extends to the adopter’s family (albeit with some limitations),
- change of surname, which may be assumed in full or added to that of the adoptee, by decision of the judge,
- inheritance rights: the adoptee enters the legal succession of the adopter as a child, with full right to the inheritance,
- mutual duties of assistance: as in any family bond, obligations of moral and material support also arise in case of need.
These effects are permanent and cannot be revoked except in extreme cases, such as unworthiness or behaviour seriously damaging to the relationship.
Which family ties must be considered?
One of the aspects to be assessed carefully concerns the balance between new and old family relationships. Indeed, the adoption of adults and family ties can create complex situations, especially in the presence of other children, former spouses or siblings.
It is important to know that:
- the adoptee does not break the ties with their family of origin, but acquires a new legal relationship with the adopter,
- their inheritance position may affect the division of assets, producing effects in the succession with other relatives,
- the Court also assesses the impact of the new adoption on the existing family unit, in order to avoid imbalances or instrumental uses.
For this reason, it is always advisable to reflect together, with mutual respect and clarity of intentions.
A choice that gives form to what already exists
Those who choose to adopt an adult often do so to give legal form to an emotional relationship that already has all the features of a family relationship. Adoption, in such cases, is not a symbolic gesture but a concrete act of recognition and mutual protection.
If you are wondering whether this choice is right for your story, or if you want to know how the adoption of an adult really works, what adopting an adult involves or what the reasons for adopting an adult are, this can help you assess things more calmly.
When such deep bonds are at stake, having beside you someone who knows the legal aspects well but also knows how to listen can make the difference. The Family Law Boschetti team is available to those who wish to move forward with respect, clarity and full awareness, even when family is built beyond traditional boundaries.
