There are relationships which, although not sealed by a tie of blood, represent in every respect a deep, constant and lasting bond. People who have taken care of one another, perhaps from childhood or in a critical moment of life, and who today wish to give that bond a solid legal form. In many cases, it is precisely from this wish that an interest in the adoption of an adult arises.
It is a possibility recognised by our legal system, included within family law, which allows two adults to establish a legal bond between adults when the emotional and personal relationship is such as to justify it. A gesture that has strong emotional value, but that also entails important legal consequences.
What the law provides: when an adult can be adopted
The adoption of an adult is governed by articoli 291 e seguenti del Codice Civile. Unlike the adoption of minors, this form is designed to give legal recognition to a pre-existing relationship between adult persons. The condition of abandonment is not required, nor is the cessation of ties with the family of origin required.
The requirements for adopting an adult are specific: the adopter must be at least 35 years old, and there must be a minimum difference of 18 years between adopter and adoptee. In some cases, the court can authorise adoption even where there is a lower age, if there are serious and well-founded grounds.
The procedure for the adoption of an adult involves the filing of an application with the court, accompanied by documentation that demonstrates the effectiveness and stability of the bond. It is not a simple formality: the judge assesses each individual case carefully, also through personal interviews and discreet enquiries.
The consequences of adoption: affection, rights and assets
The emotional, patrimonial and legal implications of this choice are significant. From an emotional point of view, adoption makes it possible to officially seal a bond that has often been experienced as a family one for years. The new status is not only symbolic: it creates a parent-child relationship recognised by the State.
On the patrimonial level, the adoptee enters the inheritance line of the adopter. This means that they participate in the succession as a natural child. The disposable share, that part of the estate that can be freely allocated, can also be attributed to the adoptee through a will, reinforcing the adopter’s wishes.
The effects of the adoption of an adult also concern fiscal, civil status and assistance aspects. For example, in the event of illness or need, the adoptee can have access to assistance rights similar to those reserved for first-degree relatives. In addition, adoption entails a change of surname: the adoptee adds or replaces their own with that of the adopter, depending on the arrangements chosen and approved by the court.
Formalising this kind of relationship is often the result of a long and shared emotional path. When two persons decide to take this step, they seek not only legal protection, but also full recognition of what they have lived.
For those who feel the need to delve into these aspects and assess whether this path is practicable in their specific case, it can be useful to discuss matters with professionals of the sector who deal daily with topics related to family law and succession. Studio Legale Boschetti, for years active in safeguarding family bonds in all their forms, offers listening and competence to accompany people in such important choices.
