Adopting a child in Italy is a path that requires awareness, commitment and attention to precise legal requirements. National adoption represents one of the most common forms of welcoming minors who are in a state of abandonment and for whom a return to the family of origin is not possible. But who can adopt in Italy? What are the timeframes and stages of the procedure?
Requirements and conditions for adopting in Italy
Italian law establishes clear criteria on who can adopt in Italy. Couples married for at least three years can apply for adoption, or those who, by adding any pre-marital cohabitation and marriage, reach three years of life together. They must also have an age difference of between eighteen and forty-five years compared to the minor to be adopted.
In our legal system, national adoption is reserved for married couples: single persons, save for rare exceptions established by the courts (such as in cases of pre-existing emotional bond with the minor), cannot access full adoption. However, alternative forms exist such as fostering, which can represent a first step towards a stable family project.
Among the requirements for adoption, in addition to the registry and legal aspects, the court also assesses the emotional, relational and educational suitability of the couple. This means that the entire path is also examined from a psychological and relational perspective, in order to ensure the well-being of the minor.
How the procedure for national adoption works
The procedure for national adoption is divided into different phases. It begins with the filing of the application with the Juvenile Court competent for the territory. The application has a three-year validity and it is possible to file it simultaneously with several courts.
An investigative phase follows in which social services carry out interviews, home visits and group meetings. This path, in addition to verifying the availability and suitability of the couple, also has a training and accompanying function. At the end of this phase, the court can declare suitability for adoption.
Once a compatible minor is identified, the court orders the entry of the child into the foster family in pre-adoptive form, with a duration of at least one year. If the period concludes positively, the definitive adoption is pronounced with all legal effects, including the interruption of legal ties with the family of origin.
Timeframes and practical considerations
The timeframes for national adoption can vary considerably from case to case. From the filing of the application to the entry of the minor into the family, between one and three years can pass, depending on the territory, on availability and on the specific characteristics of the couple and the child.
It must be considered that there are no “waiting lists” but criteria of compatibility and need of the minor. This means that the wait is often linked to the presence of a child who needs a family with certain characteristics. For this reason it is essential to live the path with openness, flexibility and without rigidity on the outcomes.
Those approaching adoption make a profound and transformative choice. Understanding in depth the path, the requirements for adoption and the concrete steps is the first move to face it with awareness. If you need competent support, Studio Legale Boschetti is available to accompany you, with discretion and professionalism, at every stage of the journey.
