Recognizing an Affective Bond

Adoption represents one of the most significant legal tools for creating a family bond. However, alongside full adoption of minors, Italian law provides an equally important, though less known, form: adoption in specific cases. This institution is designed to provide legal recognition to deep and already consolidated affective bonds, in specific situations where traditional adoption would not be applicable. Understanding whether one's situation falls within this category is the first step towards giving legal stability to a relationship of care and affection. As a family lawyer in Milan, Avv. Marco Bianucci assists individuals who intend to undertake this path, ensuring clarity and support at every stage.

The Regulatory Framework: Article 44 of Law 184/1983

Adoption in specific cases is primarily governed by Article 44 of Law No. 184 of 1983. Unlike legitimizing adoption, this procedure does not sever the ties of the adoptee with their family of origin, but rather overlays a new filiation relationship with the adopter. The objective is to protect the best interests of the child or, in the case of adults, to formalize an affective and assistance bond consolidated over time. The law identifies various hypotheses where this form of adoption can be used, each with distinct prerequisites and purposes, which require careful legal analysis to be correctly framed.

The Main Hypotheses of Adoption in Specific Cases

The legislation provides for precise scenarios. Among the most frequent is the adoption of the child, even if an adult, of one's spouse or civil partner. This case allows for the creation of a full filiation bond within a blended family. Another hypothesis concerns adoption by relatives up to the sixth degree or by individuals who have a stable and lasting relationship with an orphan minor of both parents. The law also contemplates the adoption of a minor with disabilities or when the impossibility of pre-adoptive placement has been ascertained. Finally, a distinct but relevant case is the adoption of an adult, which responds to needs of gratitude and of patrimonial and affective continuity.

The Approach of the Bianucci Law Firm

Undertaking a procedure for adoption in specific cases requires sensitivity and a deep knowledge of family law. The approach of Avv. Marco Bianucci, an expert family lawyer in Milan, is based on a detailed preliminary analysis of the specific situation to verify the existence of all legal requirements. The firm handles the drafting and filing of the application with the competent Court, whether it be the Juvenile Court or the Ordinary Court for the adoption of adults. Legal assistance continues throughout the entire process, managing relations with social services, whose report is often a fundamental element, and preparing clients for the hearing, with the aim of presenting the judge with a complete and transparent picture of the affective bond to be formalized.

Frequently Asked Questions

How long does adoption in specific cases take?

The duration of the procedure is variable and depends on several factors, including the workload of the competent Court and the complexity of the specific case. Generally, the process can take from a few months to over a year. The completeness of the initial documentation and the clarity of the family situation can help reduce the timeframe.

Can I adopt my partner's child even if we are not married?

The law on adoption in specific cases (Art. 44, letter d) has been interpreted extensively by recent case law. The Constitutional Court and the Court of Cassation have opened up the possibility of adopting a minor even by a cohabiting partner, provided that the stability of the couple and the child's actual interest in consolidating the relationship are demonstrated.

Does the adoptee in specific cases take the adopter's surname?

Yes, the adoptee prefixes the adopter's surname to their own. In the case of adoption of a spouse's child, the Court may authorize the adoptee to assume only the adopter's surname, replacing their original one, if it is in their interest and if the minor has reached a certain age and expresses their consent.

What are the main succession effects of this adoption?

The adoptee acquires full succession rights towards the adopter, becoming their legal heir on par with a child. However, unlike full adoption, the adoptee does not acquire succession rights towards the adopter's relatives, nor do the latter acquire them towards the adoptee.

Request a Legal Consultation in Milan

The path of adoption in specific cases is an emotional and legal journey that requires expert and attentive guidance. If you wish to fully understand the possibilities offered by the law for your specific situation and receive a qualified legal opinion, you can contact the Bianucci Law Firm. Avv. Marco Bianucci, with extensive experience as a family lawyer, offers consultations at the Milan office to analyze your case and outline the most appropriate strategy to achieve your goal. An initial meeting is essential to clarify any doubts and plan the next steps with peace of mind and awareness.