Special adoption in Italy
Adoption in special cases, such as special adoption for foreigners residing in Italy, aims to safeguard the relationship that exists between the minor and the family unit with which they have already developed affective bonds previously, or those minors who are in particular circumstances of distress.
This case responds, therefore, to specific needs provided by law, so much so that the hypotheses in which it is possible to resort to this institution are mandatorily contemplated, as we shall see further on.
What is special adoption or adoption in special cases
Special adoption, also known as “adoption in special cases”, is an important opportunity that can occur in all those cases in which the prerequisites legitimating full adoption do not arise.
The cases identified by the legislator provide for this possibility for:
- persons united with the minor by kinship up to the sixth degree, or by a stable and lasting relationship, matured over a long period of fostering when the minor is orphaned both of father and of mother;
- the spouse, in the case in which the minor is a child already adopted by the other spouse;
- minors with physical, psychic or sensory impairments such as to compromise learning, relationships, to the point of determining a social disadvantage or marginalisation;
- impossibility of proceeding with pre-adoptive fostering.
For foreign citizens residing in Italy, special adoption represents a legal way to assume rights and duties towards the minor, while maintaining a relationship with the biological family.
Indeed, this institution can prove particularly useful when the bond between the minor and their natural parents cannot be entirely dissolved, as in the case of adoption by the foreign spouse or by a family member.
Finally, also single persons can access adoption in special cases, save for recalling that the Corte Costituzionale, with judgment n. 33 of 21 March 2025, recognised to them the right to access international adoption, undergoing the same process of suitability assessment provided for couples.
What is the difference between special adoption and full adoption?
The main difference between special adoption (or in special cases) and full adoption lies in the nature of the legal relationship between the minor and the family of origin.
Indeed, in full adoption the child becomes for all purposes the child of the adopting couple, and the bond with the biological family is entirely interrupted. From this derives the assumption, on the part of the minor, of the surname of their new family, and their full integration for all legal purposes, including in the inheritance line.
In the different case of special adoption, instead, the bond with the biological family is not entirely severed. The minor maintains their own surname and, in some cases, can even retain relationships with members of the family of origin.
Adoption in special cases, therefore, is less definitive than full adoption, applying for humanitarian reasons or particular urgency.
From a legal point of view, both procedures, full adoption and special adoption, offer significant protection to the minor, but special adoption is more concerned with responding to those situations in which family rights and relationships should not be entirely eliminated.
If you find yourself in a particular situation, relying on Boschetti Studio Legale is the right choice to consciously understand which type of adoption is most suitable for the circumstances of your family.
Requirements for adoption in special cases
To be able to access adoption in special cases in Italy, both Italian citizens and foreign residents must meet some requirements provided by law.
One of the first fundamental requirements is that the person, or the adopting couple, must be able to ensure to the minor a peaceful, harmonious and safe environment.
In this special adoption is a particular adoption, because it is characterised by greater flexibility compared to full adoption, with particular regard to the prerequisites of age and the duration of the relationship with the minor.
A peculiar case that deserves attention is special adoption by a foreign spouse who adopts the child of their partner. In this case, the requirement of stable residence in Italy is fundamental, as is the demonstration of an already consolidated affective bond with the minor.
Other requirements subject to investigation concern the ability to take care of the minor in an adequate and continuous manner, and this is first assessed by social services and, subsequently, approved by the Juvenile Court.
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
If you are looking for a lawyer for your special adoption, our team can support your noble cause by offering you personalised assistance.
The legal procedures concerning special adoption, as well as special adoption for foreign citizens residing in Italy, require profound knowledge of the matter, as well as of the legislation, and our objective is to ensure to you that every step is carried out correctly, taking care to safeguard at the same time both your rights and the well-being of the minor.
Relying on Boschetti Studio Legale for the management of these delicate matters means having solid and competent support.
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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What does special adoption mean?
Special adoption means activating an adoptive procedure that does not entail for the adopted minor the definitive interruption of their relationships with the biological family. This institution finds application only in specific cases predetermined and identified mandatorily by law. Among the cases in which it is possible to resort to this institution is that situation in which the minor is orphaned of both parents and can be adopted by relatives, or is orphaned and affected by significant disabilities, or the case in which the minor is adopted by the parent's partner, or in cases in which there is impossibility of pre-adoptive fostering.
What types of adoption are possible?
The types of adoption possible in Italy are mainly: full — or legitimating — adoption, special adoption — also called in special cases — and international adoption. Legitimating adoption creates a definitive bond between the minor and their new family, interrupting all legal ties with the family of origin. Adoption in special cases, instead, allows the maintenance of some bonds with the biological family, and finds application in specific cases. Alongside the first two forms of adoption mentioned, there is then the international one which allows the adoption of a child coming from another country, balancing national legislation with the foreign legislation of the minor's country of origin
What is adoption in special cases?
Adoption in special cases is a form of adoption provided for and governed in Italy that allows the adopted minor to maintain their legal ties with the family of origin. It is applied in specific situations including adoption of the spouse's child, orphan minors, children in particular distressed situations. It does not create a bond of kinship with the family of the adopters, but in any event guarantees protection and assistance to the minor.
What is full adoption?
Full adoption is the principal form of adoption provided for in Italy and guarantees full family integration. It entails the complete severance of legal ties between the minor and their biological family, creating a new relationship with the adoptive family. The child takes the surname of the adopters and enjoys all rights, including those of inheritance nature, as if they were a real biological child of the couple.
How does one become an Italian citizen by adoption?
One becomes an Italian citizen by adoption if the minor is foreign and is adopted by an Italian citizen. In such case the acquisition of citizenship occurs as of right. In the case in which the adoptee is an adult, instead, the interested party can request naturalisation after five years of legal residence in Italy following the adoption. If the adoption takes place abroad, it will be necessary to transcribe the adoption in Italy, taking care to verify compliance with Italian legislation on the acquisition of citizenship.
Where is it easier to adopt a child?
Special adoption is generally easier in countries that have flexible regulations regarding pre-existing family bonds, such as Italy. The Italian Juvenile Court, indeed, facilitates this type of adoption by virtue of consolidated affective or family bonds.
What is the maximum age to adopt a child?
The maximum age to adopt a child in Italy is not expressly indicated, but can be inferred from a reading of the requirements imposed by law, among which is the prerequisite by which between the adopter and the minor there must be an age difference of between 18 and 45 years. There are, however, also exceptions for couples already with children or who are in particular situations, as well as, in the same way, some international laws provide for peculiarities depending on the country from which one is adopting.
How much does an adoption deed cost?
An adoption deed can have a variable cost, on the basis of the complexity of the case and the type of adoption (national/international). Expenses can include legal advice, translations and contributions for authorised bodies. In general, the costs for a national adoption are lower than those required for an international adoption.
