Adoption of adults in Italy
The adoption of an adult in Italy is an important legal solution to consolidate existing family and emotional bonds, as well as to ensure the transmission of name and patrimony. This institution is governed by the Civil Code, through a set of rules that establish strict requirements for the adopter and the person being adopted, and a very precise regime of consents and assents from the parties involved. In addition, legge n. 218/1995 on private international law sets out some rules regarding the competent forum and the applicable legislation in cases of conflict of legal systems.
Despite its complexity, the adoption of an adult can offer a new legal dimension to family relationships, especially in modern contexts where traditional bonds often intertwine with needs for affection and solidarity. The procedure requires in-depth knowledge of the rules governing this institution and a precise handling of the documentation.
Boschetti Studio Legale, specialised in international law, thanks to its team of lawyers with consolidated experience in family law, offers complete and personalised assistance in obtaining the adoption of an adult before Italian Courts. The adoption of an adult person is a path that radically changes the legal and emotional status of the persons involved, and for this reason it must be handled with care and professionalism.
Our law firm is able to follow each phase of the proceedings with competence, from the verification of the requirements to the filing of the application, also in the case of the adoption of a foreign adult, drawing on its own expertise in immigration law. When a foreign adult is adopted, the law allows that person to obtain a residence permit on family grounds and, after 5 years of regular residence in our Country, to apply for the granting of Italian citizenship.
Requirements for the adoption of an adult
The adoption of adults is subject to strict requirements to ensure that this institution is used for legitimate and not instrumental purposes.
The basic prerequisite is that there be a benefit for the person being adopted from the adoption. This is a principle that case law interprets carefully. Among the aspects valued are the guarantee of economic stability thanks to the good patrimonial conditions of the adopter and the strengthening of family unity through the formalisation of relationships already lived and consolidated.
In particular, an adoption that formalises an already existing bond of welcome and cohabitation is recognised as worthy of protection, offering the person being adopted a concrete opportunity to improve their living conditions. Awareness and intentionality in the application are further elements that underline the benefit of this choice for the well-being of the person being adopted.
The adoption of an adult, in fact, while maintaining its function of transmitting name and patrimony, has evolved over time to also respond to new needs of family recomposition.
Article 291 of the Civil Code defines the main requirements for the adopter:
- Must have reached 35 years of age
- Must be at least 18 years older than the person being adopted.
This age difference aims to recreate a situation as similar as possible to natural filiation, ensuring a balanced relationship and greater stability. The Court, however, in exceptional circumstances, may authorise the adoption even if the adopter has reached at least 30 years of age, after a careful assessment of the specific case.
A further fundamental requirement is the absence of legitimate or legitimated descendants on the part of the adopter. This provision, originally designed to ensure the continuity of the name and patrimony, has been the subject of a significant case-law evolution. The Constitutional Court, through a series of judgments, has eliminated the discriminations between children born within and outside marriage, establishing that adoption may be pronounced even in the presence of adult children of the adopter, provided that they give their assent.
The presence of minor children of the adopter, once an obstacle to adoption, is no longer considered an absolute impediment. Case law, in fact, allows adoption in these cases if the person being adopted is the child of the adopter’s spouse, and is therefore already part of the family unit, and if the adoption is in the interest of all the minors involved.
In addition to the requirements for the adopter, the law also establishes some conditions for the person being adopted:
- Must be an adult
- Cannot have already been adopted.
In the case of adoption of a foreign person, it is necessary to indicate the legislation on adoption in force in the foreign Country of origin of the person to be adopted. Furthermore, since the documentation to be produced must be in the Italian language, the original documents in a foreign language must be translated and legalised (or apostilled, if the State issuing the document adheres to the 1961 Hague Convention).
The adoption of an adult is a complex procedure that requires a careful analysis of the legislation and case law on the matter. It is essential to rely on a professional with experience in this field, who is able to assess the existence of the requirements, manage possible exceptions and assist the parties at every stage of the proceedings.
How to apply for adoption
The adoption of an adult person in Italy is a procedure governed by the Civil Code, which requires compliance with specific procedures and the production of suitable documentation.
The first step to adopt an adult is to file an application with the Ordinary Court of the place of residence of the adopter. The application must contain all the elements necessary to demonstrate the existence of the legal requirements and the interest of the person being adopted in the adoption.
Following the filing of the application, the President of the Court will set a hearing for the appearance of the parties and the giving of consents and assents. This phase is crucial for the successful outcome of the proceedings, as it requires the active participation of all the subjects involved. It is also the moment in which the preparation of the family lawyer has the greatest impact.
Consents, which must be free and informed, are given by the adopter and by the person being adopted, the parties directly interested in the adoptive relationship. Assents, on the other hand, come from subjects external to the relationship, but whose interests could be affected by the adoption. These include:
- the parents of the person being adopted
- the spouse of the adopter and of the person being adopted (if not legally separated)
- the adult children of the adopter.
The Court has the task of assessing the validity of the consents and assents given, ensuring that they are not vitiated by error, fraud or violence. If the refusal to give assent by the parents of the person being adopted or by the children of the adopter is deemed unjustified or contrary to the interest of the person being adopted, the Court may still pronounce the adoption.
The presence of minor children of the adopter, once considered an insurmountable obstacle to the adoption of an adult, is no longer an absolute impediment, as established by the Constitutional Court. Case law allows adoption even in these cases if the person being adopted is the child of the adopter’s spouse, creating a legal bond that reflects the emotional bond already existing within the family unit. In these cases, the Court has the duty to hear the minor children who are able to express their opinion and to appoint a special curator to protect their interests.
As regards the procedure, it must be specified that both the adopter and the person being adopted must appear personally at the hearing before the President of the Court to give their consent. Anyone required to give assent must also be present, unless they grant a special power of attorney to a third party to represent them. The proxy acts as a mere nuncius, without discretion, and substitution by means of an authentic deed declaring the assent is not allowed.
In the case of residence abroad, it is possible to make the declaration before the Consular Authority delegated by the President of the Court, as provided for by art. 33 of d.P.R. 5.1.1967, n. 98. However, this option may require the calling of a second hearing.
The adoption procedure ends with the issuance of a judgment, the main effect of which is the determination of a new filiation relationship, with the related rights and duties. The complexity of the procedure and the delicacy of the interests involved require the assistance of an adoption lawyer, capable of guiding the parties through every phase of the journey, from the filing of the application to the management of consents and assents, up to the obtaining of the adoption judgment.
Documents required for the adoption of an adult
To apply for the adoption of an adult in Italy, a series of documents must be attached to the application, the purpose of which is to demonstrate the existence of the legal requirements and, at the same time, to provide the judge with a complete view of the family and personal context of the subjects involved.
The required documentation may vary depending on the specific circumstances of the case, but generally includes:
- Civil registry documents: these will be required to prove the age of both the adopter and the person being adopted and to ascertain the absence of family ties that could prevent the adoption.
- Documents relating to civil status: documents attesting to the civil status of both the adopter and the person being adopted will be essential to determine whether the consent of the spouse is required.
- Documents attesting the composition of the family unit: these documents allow verification of the presence of other children and the need to obtain their assent to the adoption.
- Documents suitable to outline the patrimonial situation of the adopter, since the transmission of patrimony from the adopter to the person being adopted continues to play a very important role in this legal institution.
It is important to underline that all documents must be in date and presented as a certified true copy of the original. Relying on a law firm for adult adoptions guarantees that the lawyer in charge of the adoption case will guide you in the collection and presentation of the necessary documentation, ensuring the correctness and completeness of the application.
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 the adoption of an adult in Italy
The adoption of an adult in Italy is a legal procedure of great importance, impacting on family status, and requires deep knowledge of the legislation and case law in the matter. For this reason, it is essential to turn to a well-prepared professional: in addition to being a lawyer for adult adoptions, it may be important, in the case of the adoption of a foreign adult, to turn to a law firm for adoptions that is also experienced in immigration law.
Boschetti Studio Legale can provide assistance in all phases of the proceedings, performing the following professional services:
- Preliminary assessment: we verify the existence of the legal requirements for adoption, analysing the specific situation of the adopter and the person being adopted. In addition, we explain the legal and personal implications of the adoption, helping the parties to make an informed decision.
- Collection and preparation of documentation: we assist the client in collecting and compiling all the documents necessary for the application to the Court, ensuring that they are complete, correct and presented in compliance with the legal provisions, also as regards translation and legalisation, in the case of foreign documents.
- Drafting of the application and filing with the Court: we take care of drafting the application for the adoption of an adult, presenting to the Court all the documentation necessary to support the request.
- Management of consents and assents: we assist the parties in managing the consents and assents required by law, ensuring that they are validly given and that there are no obstacles to the adoption. In the event of an unjustified refusal to give assent, we evaluate the possibility of asking the Court to pronounce the adoption even in the absence of the assent.
- Representation in court: we represent the parties at all hearings before the Court, protecting their interests and ensuring the correct conduct of the proceedings.
Legal advice is essential to avoid procedural errors, delays and possible rejections of the application. Boschetti Studio Legale, thanks to its team of adoption lawyers, can guide the parties through all phases of the proceedings, providing high-level legal support and assistance to maximise the chances of obtaining a positive outcome.
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How can I be adopted as an adult?
To be adopted as an adult, it is necessary to file an application with the competent Italian Court, demonstrating compliance with the legal requirements and, in particular, the benefit of the adoption for the person being adopted. The consent of both parties is required and, where applicable, that of the adult children of the adopter. It is essential to gather the required documents and explain the personal, emotional or patrimonial reasons for the adoption, which will be assessed by the judge.
What is the maximum age for adopting?
In Italy there is no maximum age for adopting an adult, but the adopter must be at least 35 years old or, in exceptional cases, at least 30 years old if approved by the Court, and must be at least 18 years older than the person being adopted. The judge will in any case assess the suitability of the adopter on the basis of their personal, economic and family conditions to ensure the well-being of the person being adopted.
How can I bring my adult child to Italy?
To bring an adult child to Italy, it is necessary to follow the legal adoption procedure if there is no already recognised family relationship. Once the Court has pronounced the adoption by judgment, the child will be able to apply for an entry visa and, once in Italy, for a residence permit on family grounds. Legal assistance can help to ensure compliance with Italian and international immigration laws.
How long does it take to adopt a foreign adult?
Adopting a foreign adult can take several months. For any adoption of an adult, the time varies depending on the complexity of the case and how heavy the caseload is in the competent Court. In the case of the adoption of foreign adults, one must also deal with possible difficulties in obtaining documentation from abroad and in the issuing of assents from family members from the country of origin of the person being adopted.
