Adoption in Colombia: an Italian couple realises their dream after a 3-year journey

Hypothetical case study developed on the basis of our experience with families dealing with international matters, intended to illustrate the type of operations the Firm is able to structure and manage for clients with a similar profile; the scenario does not refer to any specific case actually handled.

A couple married for eight years, without children after a long path of medically assisted procreation, decides to undertake international adoption with Colombia as the reference country. A path that crosses two legal systems, three Italian institutions (Juvenile Court, local social services, Commission for International Adoptions) and the Colombian central authority (ICBF, Instituto Colombiano de Bienestar Familiar), with timescales measured in years and a procedural complexity that tests even the most determined couples. The eligibility decree to be obtained in Italy, the conferral of the mandate on the authorised body, the matching with a minor in Colombia, the compulsory period of cohabitation in the child’s country of origin, the recognition of the foreign judgment in Italy: each phase has its own rules, its own obstacles and its own timescales, and a procedural error at any step can compromise the entire path. This is the case of a couple who would go through all these phases with the legal support of our Firm, from the declaration of availability to the transcription of the adoption in the Italian registers.

The case

A couple of professionals resident in Bologna, he forty-two years old, a company executive, and she thirty-nine years old, a teacher, married for eight years. After four years of unsuccessful attempts at medically assisted procreation, they mature the decision to undertake international adoption. They identify Colombia as the ideal country for several reasons: a structured and transparent international adoption system under the supervision of the ICBF, the ratification of the 1993 Hague Convention on the protection of children and cooperation in respect of international adoption, and the presence of authorised Italian bodies with consolidated experience in the country.

The couple turns to our Firm in the initial phase of the path, even before submitting the declaration of availability to the Juvenile Court, aware that the complexity of the proceeding required legal assistance that would accompany them from beginning to end, not only in the judicial phase but also in the coordination with the social services, with the authorised body and with the Colombian authorities.

The challenge

International adoption is the longest, most articulated and most emotionally burdensome family law proceeding that a couple can face. Each phase presents specific complexities and the overall path requires a capacity for coordination between subjects and legal systems that goes well beyond individual legal competence.

Italian phase: eligibility decree

The declaration of availability for international adoption must be submitted to the competent Juvenile Court, which orders an in-depth investigation of the couple through the socio-welfare services of the territory: individual and couple interviews, home visit, psychological assessment, analysis of the motivations and parental capacity
The investigation of the social services concludes with a report that the Court uses to issue the eligibility decree: a measure that attests to the couple’s capacity to adopt a foreign minor. The decree may contain specific indications (age of the minor, any acceptable special needs) that condition the entire subsequent path
The timescales of the investigation vary significantly depending on the territory: some social services have waiting lists of months before even starting the interviews. The Court must rule within two months of the report, but delays are frequent
The eligibility decree has a limited validity in time, and a delay in the subsequent phases may require its renewal with a new investigation

Intermediate phase: authorised body and Colombian procedure

After the eligibility decree, the couple must confer the mandate on a body authorised by the Commission for International Adoptions (CAI) with accreditation in the chosen country. The choice of the body is decisive: competence on the country, experience, operational structure on site, transparency on the costs and real timescales
The body transmits the couple’s dossier to the Colombian ICBF, which enters it in its own waiting list. The waiting times for the matching (the proposal of a specific minor to the couple) depend on multiple factors: the couple’s availability profile (age of the minor, acceptance of sibling groups, health conditions), the number of couples on the list, the priorities established by the Colombian authority
The dossier to be transmitted to Colombia requires specific documentation: all Italian documents must be translated into Spanish by a sworn translator, apostilled pursuant to the 1961 Hague Convention, and accompanied by the medical, economic and motivational documentation required by the ICBF
The ICBF may request documentary additions, updates to the psychosocial report or clarifications on specific aspects of the dossier, with timescales that further lengthen the wait

Colombian phase: matching and cohabitation

The matching proposed by the ICBF is a delicate phase: the couple receives the notification of a minor with his or her personal history, health conditions, path prior to the institution. The decision whether or not to accept the matching has profound implications and must be taken with awareness and, when necessary, with the support of medical advisers to assess the health conditions indicated
After accepting the matching, the couple must travel to Colombia for a compulsory period of cohabitation with the minor, the duration of which is established by the ICBF (typically from four to eight weeks). During this period, the Colombian services assess mutual adaptation
The stay in Colombia entails demanding logistics: residence permit in the country, adequate accommodation, prolonged absence from work for both spouses, emotional management of a transition period in an unfamiliar context
At the end of the cohabitation period, the Colombian judge issues the adoption judgment: a measure that must comply both with Colombian law and with the Hague Convention

Return phase: recognition in Italy

The Colombian adoption judgment does not automatically produce effects in Italy: it must be recognised by the Commission for International Adoptions (CAI), which verifies its compliance with the Hague Convention and authorises its transcription in the Italian civil status registers
The minor needs a Colombian passport and an entry visa to Italy in the transitional phase, with consular coordination that must take place during the stay in Colombia
After the transcription, the minor acquires the status of legitimate child of the couple and Italian citizenship, but the procedure requires bureaucratic steps at the municipality of residence that may present issues

The solution

The Firm, in this case, would provide continuous legal assistance throughout the entire span of the adoption path, from the preparatory phase to the completion of the procedure in Italy, with a role that went beyond traditional legal advice to include the coordination between all the subjects involved and the strategic support to the couple at every decision-making stage.

1. Preparatory phase and eligibility decree

In-depth initial consultation on the international adoption procedure: legal framework (Law 184/1983 amended by Law 476/1998, 1993 Hague Convention), realistic timescales, foreseeable costs, recommended availability profile for Colombia
Assistance in drafting the declaration of availability to the Juvenile Court of Bologna, with indication of the availability profile that the couple matures after the consultation: age range of the minor, availability for sibling groups, acceptable health conditions
Preparation of the couple for the interviews with the social services: not to suggest “correct” answers, but to make them aware of the areas the services would investigate and of the motivations that should emerge with authenticity
Monitoring of the timescales of the investigation and, when necessary, formal reminder to the Court for compliance with the procedural deadlines
Verification of the eligibility decree issued by the Court: content, any limitations, consistency with the declared availability profile

2. Selection of the body and preparation of the dossier

Assistance in the assessment and selection of the authorised body: comparative analysis among the bodies accredited for Colombia on the basis of experience, number of adoptions concluded, operational structure on site, transparency on costs, average completion times
Review of the mandate contract with the authorised body: verification of the clauses on costs, mutual obligations, grounds for withdrawal, liability in the event of interruption of the path
Coordination in the preparation of the dossier for Colombia: verification of the completeness of the documentation, supervision of the sworn translations into Spanish, control of the apostilles, preparation of the supplementary documentation required by the ICBF
Management of the requests for documentary additions by the ICBF, which in the specific case would require an update of the psychosocial report and supplementary medical documentation on a health aspect of the couple

3. Colombian phase: matching and stay

Assistance in the assessment of the matching proposed by the ICBF: analysis of the minor’s documentation, coordination with a trusted paediatrician for the assessment of the indicated health conditions, support to the couple in the decision-making process
Preparation of the documentation for the stay in Colombia: advice on migration aspects, logistical indications, coordination with the authorised body for the organisation of the cohabitation period
Remote assistance during the Colombian stay: the couple would have with us a legal point of contact reachable for any issue that arose during the cohabitation period and the Colombian judicial phase
Verification of the adoption judgment issued by the Colombian judge: compliance with the Hague Convention, completeness of the legal references, correctness of the civil registry transcriptions of the minor

4. Return to Italy and recognition

Coordination with the Consulate of Italy in Bogotá for the issue of the documentation necessary for the minor’s return to Italy
Preparation of the file for the Commission for International Adoptions: Colombian judgment with sworn translation, certification of compliance with the Hague Convention issued by the ICBF, documentation of the entire path
Management of the recognition procedure before the CAI and subsequent transcription in the civil status registers of the municipality of residence
Assistance in the post-adoption formalities: civil registration of the minor, request for Italian citizenship, health card, registration with the general paediatrician, preparation of the documentation for any school enrolment
Advice on the post-adoption relationships provided by law: periodic reports to the social services in the first year, information obligations towards the Colombian authority

The result

The entire path would develop over about three years from the declaration of availability to the transcription of the adoption in the Italian registers, a time in line with the average timescales for adoptions from Colombia but managed without interruptions or procedural issues.

Eligibility decree obtained from the Juvenile Court of Bologna within the procedural timescales, with an availability profile consistent with the real possibilities of matching in Colombia
Dossier accepted by the ICBF without significant remarks, thanks to the completeness of the documentation and the quality of the translations
Matching proposed and accepted after about eighteen months from the sending of the dossier: a four-year-old girl in good health
Cohabitation period in Colombia of six weeks completed positively, with a favourable assessment of the Colombian services on mutual adaptation
Adoption judgment issued by the Colombian judge in compliance with the Hague Convention and with Colombian legislation
CAI recognition obtained and transcription in the civil status registers completed within two months of the return to Italy
The girl acquires the status of legitimate daughter of the couple and Italian citizenship, with all the rights that derive from it

The couple returns to Bologna with their daughter, finding an administrative situation already prepared: civil registration, health card, general paediatrician, school documentation ready for enrolment. A three-year path that required constancy, determination and the certainty of having legal support able to anticipate and resolve every procedural issue before it became an obstacle.

What clients tell us in similar cases

“Three years are long, and there were moments when we thought we would not make it. Not because of the interviews or the wait in itself, but because of the feeling of having no control over anything: the timescales of the social services, the timescales of the ICBF, the requests for documents you did not know you had to produce. In all this, having someone who knew exactly what to expect at every phase, who prepared us for what would happen, who managed the relationships with the body and with the authorities when we did not have the lucidity to do so, made the difference between a sustainable path and one that would have crushed us. When they proposed the matching with our daughter, we needed someone to help us read the medical documentation with competence, not just with the heart. And when we returned to Italy, everything was already ready. We would do every single day of those three years again.”

Duration and team

The legal assistance would cover the entire span of the adoption path, about three years from the declaration of availability to the transcription, with the following involvement:

Lawyer specialised in family law and adoptions, for the assistance in the declaration of availability, the eligibility decree, the review of the contract with the authorised body, the verification of the Colombian judgment and the recognition procedure in Italy
Advice on private international law, for the aspects related to the Hague Convention, the consular documentation and the recognition of the foreign judgment
Coordination with the authorised body, for the preparation of the dossier, the management of the documentary additions and the assistance during the Colombian phase
Network of trusted medical advisers, for the assessment of the minor’s health conditions at the time of the matching

The direction of the case would be entrusted to a single point of contact, responsible for coordinating the various competences and for constantly updating the couple on timescales, formalities and progress of the entire path.

Do you have a similar case?

If you are considering international adoption or have already started the path and feel the need for structured legal support, it is essential to rely on a professional who knows how to:

guide you in the eligibility decree phase, preparing you for the interviews with the social services and assisting you in the relationship with the Juvenile Court
assist you in choosing the authorised body and in reviewing the mandate contract, verifying costs, obligations and protection clauses
coordinate the preparation of the dossier for the destination country, with complete documentation compliant with the requirements of the foreign authority
accompany you in the matching phase with legal competence and, when necessary, with the support of medical advisers for the assessment of the minor’s conditions
manage the recognition procedure in Italy and the post-adoption formalities, from the transcription to citizenship

Our Firm assists couples in the international adoption path with consolidated experience in various countries of origin. We provide continuous legal support from the beginning to the end of the path, with the aim of reducing procedural uncertainty and allowing you to concentrate on what really matters: becoming a parent.

Please contact us for a confidential preliminary assessment

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