Adoption of an adult to recognise a de facto family relationship: a case handled by the Boschetti Law Firm

The Boschetti Law Firm successfully assisted a family resident in Rome in a judicial proceeding aimed at obtaining the adoption of an adult, with the aim of formally recognising an emotional relationship that had existed for many years.

The case

A United States citizen, G.L., has lived for many years in Italy together with his aunt L.L. and her husband, B.C. Over time, a stable and continuous emotional relationship developed between G.L. and B.C., similar to that between father and son.

Despite this real family bond, from a legal point of view there was no relationship recognised by the Italian legal system between the two. In the absence of a formal tie, the relationship remained confined to the personal dimension, without producing legal effects either on the family or on the asset level. The family therefore turned to the Boschetti Law Firm to assess the possibility of formalising this relationship through the adoption of an adult person, provided for by articles 291 and following of the Civil Code.

The objective was twofold: on the one hand to give legal recognition to a family relationship built over time, on the other to guarantee greater stability to the personal and family position of G.L. in Italy.

The Firm therefore started all the activities necessary to verify the existence of the requirements required by law and to correctly structure the proceeding before the Court.

The challenge

The adoption of an adult person is a legal instrument that presents specific characteristics and a procedure different from that of the adoption of minors. It is not a simple formal act between the parties: the Court must verify that the request complies with the requirements provided by law and that the adoption corresponds to the interest of the adoptee.

In the concrete case it was necessary to address various legal and procedural issues.

Requirements and consents

The first step concerned the verification of the requirements provided by the Civil Code for the adoption of an adult. Among the main elements required by the legislation are:

the age difference of at least eighteen years between adopter and adoptee
the consent of the adoptee
the consent of the adopter’s spouse
the verification of the absence of situations that may prejudice other family interests

The Court must also ascertain that the request is not aimed exclusively at obtaining asset advantages, but that there exists a real and consolidated emotional relationship between the parties.

Demonstration of the emotional bond

One of the most delicate aspects concerns precisely the demonstration of the existence of a stable family relationship. Case law requires that a concrete and lasting emotional bond emerge, not a merely formal relationship.

In the specific case it was necessary to document the family relationship developed over the years and the role played by B.C. in the life of G.L.

Assessment by the Court

The judge must also verify that the adoption is consistent with the interest of the adoptee and that the adopter is suitable from a moral and personal point of view.

For this reason the Court may request further assessments or information before ruling on the adoption application.

The solution

The Boschetti Law Firm structured the intervention following an articulated strategy, which combined the technical preparation of the application with careful management of the procedural aspects.

Preparation of the proceeding

In a first phase the Firm carried out all the preliminary activities necessary for the introduction of the proceeding before the Court.

The main activities concerned:

the analysis of the family situation and of the legal requirements
the collection of the necessary documentation
the preparation of the application for the adoption of an adult
the management of the notifications to the subjects involved

In order to proceed correctly with the notification of the application, the updated residence certificate of the adopter’s spouse was required, necessary to comply with the procedural rules.

The judicial phase

After the filing of the application, the Court set the hearing for the hearing of the parties involved.

The hearing took place on 14 December 2021, in the presence of the adopter B.C., of the adoptee G.L. and of the family member L.L.

During the hearing the judge verified:

the consent of the parties
the existence of a stable emotional relationship
the compliance of the request with the requirements provided by law

The procedure took place regularly and the application was assessed positively by the Court.

Activities following the judgment

After the hearing it was necessary to wait for the publication of the judgment.

During this period the Firm continued to monitor the status of the file and undertook some initiatives to expedite the conclusion of the proceeding, including contacts with the Court registry.

Once the favourable decision was issued in March 2022, the Firm also followed the subsequent formalities, including:

the notification of the judgment to the interested parties
the payment of the registration tax
the request for the certificate that the judgment had become final

The result

The Court fully upheld the application, recognising the existence of the requirements provided by law for the adoption of an adult person.

With the adoption judgment:

L. acquired the legal status of adoptive son of B.C.
the existing emotional relationship was formally recognised by the Italian legal system
the family bond between the parties obtained full legal value

Thanks to this order, a family relationship built over the years found a formal recognition also on the legal level, transforming a de facto relationship into a family relationship protected by law.

What clients tell us in similar cases

“When we approached Boschetti Law Firm we did not know whether it was really possible to obtain legal recognition of the family relationship we had built over the years. Between me and the person who wanted to adopt me there had long been an authentic bond, but from a legal point of view we were two strangers. This created uncertainty and also some fear for the future. The Firm guided us step by step. From the very first meeting they explained clearly what the requirements for the adoption of an adult were and what steps it would be necessary to face before the Court. Throughout the procedure we felt followed and informed of every development in the file. Thanks to their work we managed to obtain the adoption judgment and to see finally recognised also from a legal point of view a family relationship that for us had existed for many years. It was an important result not only on the legal level, but also on the personal one”.

Duration and team

In the case handled by the Boschetti Law Firm, the procedure developed in less than a year. Specifically, with the following timescales:

31 May 2021 – entry on the register of the application for the adoption of an adult
22 June 2021 – setting of the chamber hearing before the Court
14 December 2021 – hearing and case reserved for decision
23 March 2022 – publication of the judgment granting the application
April 2022 – registration and communications following the decision

Overall, the proceeding concluded in about 10 months from the entry on the register.

The timescales may vary depending on the competent Court, the completeness of the documentation and the checks required in the individual case.

Team involved

The case was handled by Avv. Francesco Boschetti, in synergy with:

lawyers of the Boschetti Law Firm with experience in family law
legal secretariat support for notifications, filing of acts and monitoring of the file
collaborators of the administrative sector for dialogue with the Court registry for the formalities following the judgment.

Do you have a similar case?

Situations like the one described are not rare. In many cases there are real family relationships, built over time, which however do not yet have legal recognition.

The adoption of an adult person can be a useful instrument to:

formalise a stable emotional relationship between an adult and a parental figure
give legal certainty to de facto family bonds
strengthen the personal and family position of the parties involved
give a destination to one’s own estate when there are no heirs

Every situation must, however, be assessed case by case, verifying the requirements provided by the Civil Code and the concrete possibility of starting the proceeding.

If you believe you are in a similar situation, you can request a legal assessment to understand whether the adoption of an adult is applicable also to your case.

Please contact us for a confidential preliminary assessment

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