Some thoughts on adoption in Italy 🇮🇹
As in most jurisdictions, prospective adoptive parents are required to undergo assessment and must show that they will make suitable parents. Italian law requires adopters to be married (or living together) for at least 3 years.
There are also restrictions on the age difference between the prospective parents and the child or children they wish to adopt. On 22 June 2016, the possibility of stepchild adoption by LGBT couples was confirmed by the Court of Cassation in a decision published on 22 June 2016.
However, Italian law prohibits adoption by single parents, unless one of the parents inherited custody of the child through either legal separation or death of a spouse. Since 2025, international adoption is possible for single women.
The Italian region with the highest number of adoptions is Lombardy, followed by Lazio, Tuscany and Veneto, but a significant increase was noted in the Southern regions, especially Campania, Apulia, Calabria and Sardinia. The only region where international adoptions in 2010 decreased by 14% was Sicily.
Foreign children adopted by Italian couples in 2010 were on average 6 years old, up from 5.9 in 2009.
Adopting a partner's child in Italy (stepchild adoption or "adozione del figliastro") is possible under Italian Law 184/1983, primarily for married heterosexual couples, but courts have extended it to stable cohabiting or civil union same-sex couples, requiring the child's best interest, the biological parent's consent, and the child's consent if over 12.
The process involves a Juvenile Court assessment of the couple's suitability, focusing on emotional, economic, and personal stability, with the aim of creating a full legal parent-child bond, though it's not automatic and requires court approval.
Key Requirements & Process:
Legal Basis: Governed by Article 44 of Law No. 184/1983, as interpreted by courts.
Couple Status: Traditionally for married opposite-sex couples, but courts increasingly recognize stable cohabitation and civil unions (including same-sex).
Consent:
Consent of the biological parent.
Consent or opinion of the child (if over 12).
Child's Interest: The adoption must serve the child's best interest, ensuring both legal and emotional ties.
Court Approval: A Juvenile Court (Tribunale per i Minorenni) reviews the family's suitability, assessing:
Emotional suitability and capacity to educate.
Economic and personal situation.
Health and family environment.
For Same-Sex Couples:
While the law initially limited it, Milan and Florence courts, and eventually the Court of Cassation (2016), allowed stepchild adoption for same-sex couples in civil unions or stable cohabitation, emphasizing the child's need for two legal parents.
However, recognition is not uniform across Italy, and some courts have refused cases, making legal guidance essential.
How to Start:
Contact an Italian family lawyer specializing in adoption law for personalized advice on your specific situation, as it's a complex legal process.
In essence, while the path exists, it's a judicial process requiring significant evidence of suitability, not just a simple registration.
There are also restrictions on the age difference between the prospective parents and the child or children they wish to adopt. On 22 June 2016, the possibility of stepchild adoption by LGBT couples was confirmed by the Court of Cassation in a decision published on 22 June 2016.
However, Italian law prohibits adoption by single parents, unless one of the parents inherited custody of the child through either legal separation or death of a spouse. Since 2025, international adoption is possible for single women.
The Italian region with the highest number of adoptions is Lombardy, followed by Lazio, Tuscany and Veneto, but a significant increase was noted in the Southern regions, especially Campania, Apulia, Calabria and Sardinia. The only region where international adoptions in 2010 decreased by 14% was Sicily.
Foreign children adopted by Italian couples in 2010 were on average 6 years old, up from 5.9 in 2009.
Adopting a partner's child in Italy (stepchild adoption or "adozione del figliastro") is possible under Italian Law 184/1983, primarily for married heterosexual couples, but courts have extended it to stable cohabiting or civil union same-sex couples, requiring the child's best interest, the biological parent's consent, and the child's consent if over 12.
The process involves a Juvenile Court assessment of the couple's suitability, focusing on emotional, economic, and personal stability, with the aim of creating a full legal parent-child bond, though it's not automatic and requires court approval.
Key Requirements & Process:
Legal Basis: Governed by Article 44 of Law No. 184/1983, as interpreted by courts.
Couple Status: Traditionally for married opposite-sex couples, but courts increasingly recognize stable cohabitation and civil unions (including same-sex).
Consent:
Consent of the biological parent.
Consent or opinion of the child (if over 12).
Child's Interest: The adoption must serve the child's best interest, ensuring both legal and emotional ties.
Court Approval: A Juvenile Court (Tribunale per i Minorenni) reviews the family's suitability, assessing:
Emotional suitability and capacity to educate.
Economic and personal situation.
Health and family environment.
For Same-Sex Couples:
While the law initially limited it, Milan and Florence courts, and eventually the Court of Cassation (2016), allowed stepchild adoption for same-sex couples in civil unions or stable cohabitation, emphasizing the child's need for two legal parents.
However, recognition is not uniform across Italy, and some courts have refused cases, making legal guidance essential.
How to Start:
Contact an Italian family lawyer specializing in adoption law for personalized advice on your specific situation, as it's a complex legal process.
In essence, while the path exists, it's a judicial process requiring significant evidence of suitability, not just a simple registration.
26-30, F
