Adoptions in Italy
Adopting an Italian child represents a complex procedure governed by very precise rules, having the aim of safeguarding the well-being of the minor. Many couples aspire to adopt a child, both to offer them a family and to satisfy the wish for parenthood. Adoption in Italy requires compliance with strict criteria established by law and provides for several types of proceedings, including national adoptions, adoptions in Italy by foreign parents and international adoption. Relying on Boschetti Studio Legale, which boasts great experience in the matter, is essential to undertake this important path safely.
Requirements for national adoption by foreign parents or spouse
To be able to adopt a child in Italy there are precise requirements for adopting that future parents must respect.
The adoptive parents must have at least 18 years’ difference compared to the minor and not more than 45.
In addition, the couple must have been married for at least three years; or prove documentarily or by witness, where the marriage was entered into less than three years before, the continuous, stable, lasting cohabitation prior to the celebration of the marriage for a period at least equal to the complement of 3 years. Finally, no separation proceedings, even de facto, must be in progress.
In the case of foreign spouses, instead, legal interpretations, as well as applications arising from practice, provide that both spouses reside in Italy continuously for at least two years. Compliance with this custom is intended to ensure that the bond with the Italian territory is solid and that the persons subject to the adoption procedure can be subject to Italian jurisdiction.
To adopt in Italy it is necessary to demonstrate that the couple possesses a safe and suitable family environment for the growth of the minor. Social services and the Juvenile Court carry out an in-depth investigation to verify the couple’s ability to take care of the child.
Boschetti Studio Legale assists families in the preparation of documentation and in the verification phase, not only to ensure that all the requirements of law are correctly satisfied, but also to ensure that the minor can be entrusted to a family able to best satisfy their needs.
Adoption proceedings in Italy
The process of how to adopt a child in Italy begins with the phase in which Boschetti Studio Legale will help you to file the adoption application with the Juvenile Court. After this phase, social services carry out a series of checks on the suitability of the couple. Once compatibility has been ascertained, the child is entrusted to the parents in the form of pre-adoptive fostering. This period lasts at least one year, during which the family is monitored.
Only at the end of this path does one proceed with the adoption of a child with the definitive adoption, which allows the parents to obtain all the rights and duties towards the minor.
Boschetti Studio Legale will follow you step by step, ensuring that the process unfolds as smoothly as possible.
Adoption in special cases by foreigners
In addition to the ordinary procedure, adoptions in Italy can also take place in special cases, as occurs in the case of adoption of the foreign spouse’s child. This type of adoption is simplified, but in any event provides for the verification of the suitability of the adoptive parent and approval by the Court.
This form of adoption is very particular since it allows the new partner of one of the parents to adopt the child of the other, even when the biological parent is foreign.
This procedure aims to consolidate family bonds, especially in situations in which the child lives stably with the biological parent and their new spouse. Adoption allows the attribution to the adoptive parent of all rights and duties towards the minor, ensuring greater legal protection, as in the case of succession or further decisions concerning their life.
In Italy, to proceed with this adoption in special cases, the foreign spouse must be stably resident in the country and demonstrate that the adoption is in the best interest of the minor. The Juvenile Court also assesses the suitability of the applicant and, in certain cases, may request the consent of the non-cohabiting biological parent, if still alive and able to exercise parental responsibility.
Our team is always available to provide legal advice for these more specific situations as well, ensuring effective and timely management.
International adoption
Boschetti Studio Legale also assists you in international adoption procedures, ensuring compliance with Italian and foreign regulations.
International adoption allows the adoption of a child coming from another country. This procedure is governed by international conventions and provides for the involvement of authorised bodies that follow the parents along the entire path. To adopt a child abroad, future parents must respect both Italian regulations and those of the country of origin of the minor.
The path of international adoption is complex and requires particular attention to legal requirements and to the regulations in force. Authorised bodies play a fundamental role in assisting the couple, while the Juvenile Court approves and finalises the adoption.
A foreign couple residing in Italy cannot adopt in their country of origin, but must follow Italian law. Otherwise, the adoption would not be recognised in Italy and the child could not enter the country. Foreign couples, including mixed ones, must obtain the suitability decree from the Juvenile Court and turn to an authorised body.
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.
How we can help you
The adoption of a child, as well as adoptions in Italy by foreign parents, are processes that require a legal, psychological and social commitment. For those who wish to undertake this path it is essential to turn to a lawyer for adoption matters, in order to be followed correctly and with professionalism in every phase. A law firm for adoptions of children will be able to offer complete assistance, ensuring that all the procedures are followed in compliance with the law and with the well-being of the minor.
Do not hesitate to contact Boschetti Studio Legale to receive the right information on how to adopt a girl or to adopt a boy in Italy, what the requirements are to adopt a child in Italy and how to start the procedure to adopt a child. Adoptions, both national and international, are a path of great responsibility and love, that requires the right legal support.
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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
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What are the costs for national adoption?
The costs for national adoption in Italy mainly include legal expenses for the assistance of a lawyer, any psycho-social appraisals and contributions for administrative formalities. They vary depending on the complexity of the case and the region. In some cases, expenses may be reduced for families with low income or particular situations.
Where is it easier to adopt a child?
Adopting a child is generally easier in countries where local regulations are less restrictive and bureaucracy is more streamlined. Some countries in Africa, Eastern Europe and Latin America present faster procedures than the Italian ones. However, ease also depends on international agreements, the requirements of the future parents and the availability of adoptable minors.
How many adoptions fail in percentage?
In percentage, in Italy, the failure rate of adoptions, understood as return of the minor to social workers or revocation of the adoption, is estimated at around 3-5%. This figure varies on the basis of the complexity of the case, the age of the child and the psychological support offered to the family. International adoptions tend to have a slightly higher failure rate than national ones.
How long does it take to adopt a child in Italy?
To adopt a child in Italy the process requires on average from 2 to 4 years. This time includes the assessment phase of the suitability of the future parents by social services and the Juvenile Court, the pre-adoptive fostering and, finally, the formalisation of the adoption. Timeframes can vary on the basis of the region, the complexity of the case and the number of adoptable minors.
Who handles adoptions in Italy?
In Italy, adoptions are mainly handled by the Juvenile Court, which assesses the suitability of the future parents and authorises the adoption. Social services carry out investigations on the family situation and provide support during pre-adoptive fostering. For international adoptions, authorised bodies also intervene, assisting the couple in the formalities and in the relationship with the countries of origin of the minors.
