International adoptions in Italy
International adoption for foreign citizens residing in Italy represents a possibility for those who, while living far from their Country of origin, wish to offer a home and a family to a child coming from another State.
The process of international adoption requires a significant commitment, as well as the strict observance of laws and regulations both of the country of origin of the adoptee and of the country of the adoptive parents.
For foreign citizens residing in Italy, understanding and correctly following the stages of the international adoption procedure is fundamental to avoid delays or difficulties. In this path, the support of a lawyer competent in international adoptions is essential.
Prerequisites and requirements for international adoption
International adoption for foreign citizens residing in Italy is regulated by complex regulation that combines both Italian law, L. n. 184/1983, modified by L. n. 476/1998, and the provisions of the 1993 Hague Convention on the protection of minors and cooperation on matters of international adoption.
The regulations just recalled impose a series of legal requirements for foreign citizens who intend to adopt.
First of all, it is necessary that the adopting couple stably resides in Italy, even if one or both spouses are foreigners. The prerequisite of stability may require continuous residence of at least two years, except for shorter periods in some specific cases.
As for national adoption, also in such case the couple must have been married for at least three years, or for a shorter number in the case in which the spouses have stably and continuously cohabited before marriage for a period of 3 years and this has been ascertained by the Tribunale per i Minorenni.
Furthermore, the age difference between the adopters and the adoptee must be between 18 and 45 years, with possible derogations in case of serious harm for the minor.
The aforementioned requirements are of particular importance when one of the spouses is a foreign spouse, since they allow the Italian authority to carefully examine the stability of the couple, the economic, affective and relational capacity. For this reason, a further prerequisite to be respected provides for the absence of any personal separation between the spouses, not even de facto, with the family environment playing a fundamental role which must present characteristics of safety and suitability for the upbringing of the child.
The territorial social services therefore conduct an in-depth investigation on the parental potentialities of the couple before presenting it to the competent Tribunale per i Minorenni which will issue the decree of suitability.
The stages for international adoption for citizens residing in Italy
The procedure of international custody begins with the submission, by Boschetti Studio Legale, of the declaration of availability for international adoption to the Tribunale dei minorenni of the place of residence of the couple.
Thanks to the professionalism of its lawyers, the law firm will deal with drafting the petition with the attachment of all the indispensable documents, including the certificate of residence, the act of marriage or the declaration of cohabitation, health certificates and the report of the social services attesting the suitability of the couple.
Having obtained the order of the Judge, Boschetti Studio Legale will assist the couple in the choice of one of the authorised Entities for international adoptions, recognised by the Commissione Adozioni Internazionali (CAI) which will act as intermediary with the country of origin of the minor.
The authorised bodies (Enti Autorizzati) have the task of ensuring respect for foreign regulation, and will collaborate with Boschetti Studio Legale in the management of the bureaucratic practices, in the obtaining of visas and in coordination with the local authorities.
The foreign country of adoption, in turn, will proceed with the selection of the child suitable for adoption, taking into account the criteria established by the 1993 Hague Convention.
Once the minor has been identified, the couple will be called to travel to the Country to meet the child, as well as to complete the legal procedure of adoption provided for on site.
Fundamental, in this phase, the support of your lawyer to ensure that all the legal conditions are respected in order to avoid unpleasant international complications.
Once concluded in its formal phase, the adoption proceeding continues with the welcoming of the child in Italy and with the acquisition of the status of adoptive child.
The authorised Entity will transmit all the documentation, including the order of the foreign judge, to the Commissione per le Adozioni internazionali in Italy. The latter will then authorise the entry and permanence of the adopted child in Italy, certifying that the adoption is compliant with the 1993 Hague Convention
The achievement of this stage must not lead to think that there will no longer be control by the authorities responsible for it; in fact, the Tribunale per i Minorenni will continue to monitor the family in the post-adoption period to ensure the minor their full integration into the new family nucleus.
Only at the end of this period, the Judge will issue the definitive decree of recognition of the international adoption ordering the transcription of the order in the registers of the civil status.
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 can we help you
International adoption for foreigners residing in Italy shows itself as a complex and demanding proceeding, but allows giving new life to a child seeking a family.
The right knowledge of national and international regulation is fundamental to address every phase with serenity and competence.
Turning to Boschetti Studio Legale for personalised support is your first step towards the realisation of your desire to welcome a child into the family, in respect of the law and with maximum attention to the well-being of the minor.
Fill in the form to allow us to assess your case. We will contact you back within 48 working hours to inform you whether and how we can assist you.
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.
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How long does it take to adopt an international child?
To adopt an international child the time varies depending on the Country of origin of the minor and on the legal procedures involved.
Generally, the entire process could require from two to four years. This time span includes the prodromal phase of preparation of the documents, the time required for the issuance of the decree of suitability by the Judge, the subsequent phase of identification of the minor and the final completion of the legal procedures in the foreign Country.
How much does international adoption cost?
International adoption has a variable cost, based on legal taxes, translations, travel, charges and fees for the entities authorised to manage the adoption procedure abroad.
Each Country has different rates, for which it is always advisable to inform oneself preventively, with the help of professional sector lawyers, on the specific costs provided for by the country of origin of the child.
Where is it easier to adopt a child?
The ease of adopting a child depends on the legislative provisions of each Country of origin.
Some Countries adopt more streamlined and less restrictive procedures, think of Colombia and some nations of Africa.
However, local regulations play a fundamental role in the complex adoption procedure, diversifying the requirements for adoptive parents, waiting times and other factors, for which reason it is advisable to rely on a specialised lawyer to better orient oneself.
What is the maximum age to adopt a child?
The maximum age to adopt a child in Italy is not predetermined. However, to respect the requirements imposed by law, reference is made to the prerequisite whereby between the adopter and the minor there must be an age difference between 18 and 45 years.
Exceptions also exist for couples already with children or in particular situations, just as the same international laws sometimes provide for peculiarities depending on the Country from which one adopts.
How long does it take for an international adoption?
For an international adoption it takes on average a time ranging from 2 years to 4 years. The overall time varies based on the country of origin of the child, on the specific requirements provided for by the reference legal system, on the procedures necessary in Italy.
This means that every phase of the process, including the phase of identification of the minor as well as that of completion of the formalities in the foreign Country, can influence the overall duration.
How to adopt an international child?
Adopting an international child requires the decree of suitability issued by the Tribunale per i Minorenni in favour of the parents. Subsequently, they will have to turn to an authorised body to continue the procedure in the foreign country, in order to positively bring to Italy the minor who will be identified by the couple.
The chosen body will collaborate with the trusted law firm of the adopting couple in order to conclude the adoption phase in the country of origin, which will be followed by the recognition phase in Italy.
