International adoption by a single person: when the law opens a path that few know about
Hypothetical case study developed on the basis of our experience with families dealing with international matters, intended to illustrate the type of operations the Firm is able to structure and manage for clients with a similar profile; the scenario does not refer to any specific case actually handled.
A forty-five-year-old professional, unmarried, wishes to adopt a child. The answer she receives from everyone she consults is always the same: in Italy single people cannot adopt. But that is not exactly true. Italian law provides a specific exception, art. 44, comma 1, lettera d) of Law 184/1983, which allows adoption in special cases when the impossibility of pre-adoptive fostering has been ascertained, and case law has progressively broadened the interpretation of this rule. At the international level, some countries expressly allow adoption by single persons, and the Hague Convention does not exclude it. The path exists, but it is narrow, complex and very few professionals know it in depth: it requires the identification of the right country, the eligibility decree of the Juvenile Court formulated in a way specific for a single person, an authorised body with experience in this type of adoption, and the recognition in Italy of a foreign judgment that our legal system does not provide in the ordinary form. A viable path, but only with a specialist legal competence able to move between the folds of Italian and international legislation.
The case
A forty-five-year-old woman, an executive at a multinational pharmaceutical company based in Milan, with a high income and a solid asset situation. Unmarried and without children, she has for years matured the desire to become a mother and explores without success the options of medically assisted procreation allowed by Italian legislation for single women.
She turns to several law firms to assess the possibility of an international adoption, receiving in each case the same answer: full (legitimising) adoption in Italy is reserved for couples married for at least three years. End of the discussion. The woman turns to our Firm as a last attempt, telling us that she has read of a case-law precedent in which an Italian court recognised an international adoption pronounced in favour of a single person.
The challenge
International adoption by a single person represents one of the most complex paths in family law, because it requires simultaneously navigating between the restrictions of the Italian legal system, the openings of specific foreign systems and the mechanism for recognising foreign judgments.
The Italian legal framework: restrictions and openings
- Legitimising (full) adoption pursuant to Law 184/1983, artt. 6-7, is reserved for couples married for at least three years (or stably cohabiting for three years before the marriage): the single person is excluded from this form of adoption
- 44 of the same law provides for adoption in special cases, accessible also to unmarried persons. In particular, letter d) allows adoption when there is the “ascertained impossibility of pre-adoptive fostering”: a formula that case law has then interpreted in a progressively extensive manner
- The Court of Cassation and various Juvenile Courts have recognised international adoptions pronounced abroad in favour of single persons, qualifying them as adoptions in special cases pursuant to art. 44, lett. d), when the adoption had been pronounced in the higher interest of the minor and in compliance with the fundamental principles of the Italian legal system
Identification of the country and the body
- Not all countries that adhere to the Hague Convention allow adoption by single persons: it is necessary to identify a country that expressly permits it in its own legislation, that has a structured and reliable international adoption system, and for which there exists an authorised Italian body with specific experience
- Among the countries that allow adoption by single persons, each has different requirements: age limits of the adopter, minimum age difference with the adoptee, income requirements, state of health, psychosocial assessment with specific criteria for unmarried candidates
- The choice of the authorised body is even more critical than in a couple adoption: very few bodies have experience in adoption by single persons, and the body’s competence on the specific legislation of the destination country is decisive for the successful outcome of the path
Eligibility decree for single persons
- The eligibility decree for a single person is not expressly provided by Law 184/1983 in its ordinary formulation: the Juvenile Court must be put in a position to issue a measure that, while not falling within the standard procedure of art. 30 (reserved for couples), opens the way to an international adoption recognisable in Italy
- The investigation of the social services on a single candidate presents peculiarities: the assessment of the family and social support network, of the capacity to manage parenthood in the absence of a partner, of the specific motivation that leads a single person to international adoption
- The formulation of the decree must be sufficiently precise to be accepted by the authority of the foreign country, but at the same time anchored to Italian legislation so as not to create problems in the recognition phase
Recognition in Italy
- The foreign adoption judgment in favour of a single person cannot be recognised as full (legitimising) adoption, because the Italian legal system reserves it for married couples: it must be brought back to adoption in special cases pursuant to art. 44, lett. d)
- The Commission for International Adoptions (CAI) does not have a standardised procedure for recognising adoptions by single persons: each case requires an individual assessment of compliance with the Hague Convention and with the principles of the Italian legal system
- In the event of refusal or of difficulty in the administrative recognition, the judicial route (application to the Juvenile Court for the recognition of the foreign judgment) represents the alternative, but with additional timescales and uncertainties
The solution
The Firm would structure a path that could address from the outset the specificity of the single adopter’s position, building each step consistently with the final objective of the recognition of the adoption in Italy.
1. Legal analysis and identification of the country
- In-depth research on Italian legislation and case law on international adoption by single persons: analysis of the judgments of the Juvenile Courts and of the Court of Cassation that have recognised foreign adoptions in favour of single persons, with identification of the legal principles affirmed and of the requirements needed
- Comparative analysis of the countries that allow adoption by single persons: domestic legislation, requirements for the adopter, average timescales, reliability of the system, precedents of recognition in Italy. Identification of Bulgaria as the optimal country: legislation that expressly allows adoption by single persons, structured system under the Bulgarian Ministry of Justice, adherence to the Hague Convention, favourable precedents of recognition in Italy
- Selection of the authorised body with accreditation in Bulgaria and documented experience in adoption by single persons: verification of the adoptions concluded successfully, of the operational structure on site and of the competence on Bulgarian legislation
2. Eligibility decree and preparation of the dossier
- Preparation of the declaration of availability to the Juvenile Court of Milan with a formulation specifically studied for the single case: reference to art. 44, lett. d) of Law 184/1983, reference to the favourable case law of the higher courts, indication of the chosen country and of its legislation on the matter
- Preparation of the client for the interviews with the social services, with attention to the areas of investigation specific for a single candidate: family support network (parents, sister with children, close friend available as a reference figure), practical organisation of daily life with a child (work flexibility, domestic support, reconciliation plan), motivation for the adoption as a single person
- Management of the relationship with the Juvenile Court: the reporting judge could request an examination of the applicable case law and of the Bulgarian legislation. The Firm in this case would prepare a supplementary memorandum with a review of the case law and documentation on the legislation of the destination country
- Obtaining the eligibility decree formulated in a way that could be accepted by the Bulgarian authority and consistent with the future recognition procedure in Italy
- Preparation of the dossier for Bulgaria: documentation translated into Bulgarian by a sworn translator, apostilled, compliant with the requirements of the Bulgarian Ministry of Justice for single candidates
3. Bulgarian phase: matching and adoption
- Coordination with the authorised body in the phase of waiting for the matching: management of the communications with the Bulgarian authority, any requests to update the dossier
- Assistance in the assessment of the proposed matching: a six-year-old child, resident in an institution for two years, with a personal history that required careful assessment. Coordination with a child neuropsychiatrist for the analysis of the minor’s medical and psychological documentation
- Remote assistance during the stay in Bulgaria: the client would spend a period of acquaintance and cohabitation with the child under the supervision of the Bulgarian authority
- Verification of the adoption judgment issued by the Bulgarian court: compliance with the Hague Convention, correctness of the legal references, completeness of the elements necessary for the recognition in Italy
4. Recognition in Italy and formalities
- Preparation of the file for the Commission for International Adoptions: Bulgarian judgment with sworn translation, certification of compliance with the Hague Convention, documentation of the entire path, legal memorandum on the attributability to art. 44, lett. d) of Law 184/1983
- Management of the dialogue with the CAI, which could request examination of the legal qualification of the adoption: the Firm would produce a supplementary memorandum with references to the case law of the Court of Cassation and of the Juvenile Courts
- Obtaining the authorisation for the entry and permanent residence of the minor in Italy
- Transcription of the adoption in the civil status registers as adoption in special cases pursuant to art. 44, lett. d)
- Post-adoption formalities: civil registration, request for Italian citizenship, health card, school enrolment, identification of the general paediatrician and of the psychological support network for the child’s insertion in the new context
The result
The entire path would presumably develop over about two and a half years from the initial consultation to the transcription of the adoption in the Italian registers.
- Eligibility decree obtained from the Juvenile Court of Milan despite the single position, thanks to the specific formulation of the application and to the supplementary memorandum on the applicable case law
- Dossier accepted by the Bulgarian Ministry of Justice without significant supplementary requests
- Matching with a six-year-old child after about fourteen months from the sending of the dossier
- Adoption judgment issued by the Bulgarian court in compliance with the Hague Convention
- Recognition obtained from the CAI as adoption in special cases pursuant to art. 44, lett. d), after a supplementary investigation managed with the case-law documentation prepared by the Firm
- Transcription completed and Italian citizenship obtained for the minor
- The child was enrolled in primary school with the support of a psychological accompaniment path, integrating positively into the new family and social context
The client becomes a mother under Italian law of a child who would otherwise remain in an institution, through a path that most professionals had told her was impossible. A result that demonstrates how the legislation, read with competence and in the higher interest of the minor, offers possibilities that a superficial knowledge excludes a priori.
What clients tell us in similar cases
“Everyone had told me it could not be done. That in Italy single people do not adopt, full stop. I had come to this Firm as a last hope, after months of closed doors and negative answers. Instead they explained to me that a path exists, narrow but viable, and that they would build it with me step by step. The path was long, and there were moments of uncertainty: when the Court asked for clarifications, when the CAI raised doubts about the recognition. But at every moment I knew that whoever was assisting me knew the matter in detail and knew how to respond. When I brought my son home for the first time, I understood that those two and a half years had been worth every single day of waiting. Today we are a family, and the law recognises us as such.”
Duration and team
The legal assistance would cover the entire span of the adoption path, about two and a half years from the initial consultation to the transcription, with the following involvement:
- Lawyer specialised in family law and adoptions, with specific competence on the case law regarding adoption by single persons: initial consultation, declaration of availability, supplementary memoranda for the Court, management of the recognition phase before the CAI
- Advice on private international law, for the analysis of Bulgarian legislation, compliance with the Hague Convention and the legal qualification of the adoption for the purposes of recognition
- Coordination with the authorised body, for the preparation of the dossier, the management of communications with the Bulgarian authority and the assistance during the phase in Bulgaria
- Network of medical advisers, for the assessment of the minor’s conditions at the time of the matching
The direction of the case would be entrusted to a single point of contact, responsible for the overall legal strategy and for the coordination between all the subjects involved along a path that by its nature requires continuity and consistency at every step.
Do you have a similar case?
If you are a single person and wish to undertake an adoption path, it is essential to rely on a professional who knows in depth the real possibilities that the legal system offers:
- analyse your situation in light of the updated case law on adoption by single persons, distinguishing between what the law excludes and what case law has made possible
- identify the destination country most suitable to your profile, among those that allow adoption by single persons and that have precedents of recognition in Italy
- obtain an eligibility decree from the Juvenile Court with a legally solid formulation consistent with the entire path
- manage the phase in the foreign country with the support of a competent authorised body and continuous legal assistance
- address the recognition procedure in Italy, which for adoptions by single persons presents specific complexities that require in-depth case-law competence
Our Firm is among the few with specific experience in international adoption by single persons. We know the real possibilities, the limits of the legal system and the strategies to build a legally solid path. If you have been told that it cannot be done, perhaps you have not been told everything.
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