Understanding the International Adoption Journey

Embarking on the path of international adoption represents a choice of profound human and familial value, a journey that combines the desire for parenthood with the need to offer a future to a child. However, this path is governed by a complex framework of national laws and international conventions, designed to ensure the utmost protection of the child. Understanding the procedure, the requirements, and the role of the professional figures involved is the fundamental first step to approaching this process with serenity and awareness. As a family lawyer in Milan, Avv. Marco Bianucci assists couples in the most delicate phases of the procedure, ensuring that every legal step is managed with the utmost competence and attention.

The Regulatory Framework: The Hague Convention and Italian Law

The international adoption system in Italy is primarily governed by Law no. 184/1983, as amended by Law no. 476/1998, which ratified the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Convention of 1993). This legislation establishes a cornerstone principle: international adoption is a subsidiary measure, to be pursued only when it is not possible to find a suitable family for the child in their country of origin. The procedure involves a series of rigorous checks to verify the suitability of the aspiring couple, a process that takes place before the competent Juvenile Court. Only after obtaining the suitability decree can the couple engage one of the authorized agencies by the Commission for International Adoptions (CAI) to proceed with the search for the child abroad.

The Bianucci Law Firm's Approach in the Judicial Phase

Although much of the process is carried out through authorized agencies, the lawyer's role becomes crucial in specific phases and in the presence of legal complexities. The approach of Avv. Marco Bianucci, an expert lawyer in family law in Milan, focuses on the legal protection of the couple and the child, intervening at key moments of the journey. Legal assistance is essential, for example, in the phase of transcribing the foreign adoption decree into Italian civil status registers, a process known as exequatur. The firm is responsible for verifying the conformity of the foreign judgment with the fundamental principles of the Italian legal system and for submitting the application to the Juvenile Court. Furthermore, it provides legal support in case of any disputes or procedural difficulties that may arise, always ensuring that the best interests of the child are the guiding principle of every legal action.

Frequently Asked Questions

What exactly is the lawyer's role in international adoption?

The lawyer does not replace the authorized agency, which manages the procedure in the foreign country. Their role is primarily judicial in Italy. They intervene to request the transcription of the foreign judgment, to assist the couple in case of appeals against decisions of the Juvenile Court, or to resolve complex legal issues relating to the child's status once they enter Italy.

What does it mean for a foreign adoption decree to be 'delibated'?

Delibation (exequatur) is the legal procedure through which a foreign judgment, in this case an adoption decree, is recognized as valid and effective within the Italian legal system. The Juvenile Court verifies that the decree was issued by the competent authority of the foreign country and that it is not contrary to Italian public policy principles, particularly those protecting the fundamental rights of the child.

What happens if problems arise after the child arrives in Italy?

Once the child arrives in Italy, the adoption must be formally recognized. If legal obstacles emerge, for example, related to documentation or procedural defects, the intervention of an expert lawyer in the field is essential. The law firm intervenes to resolve these issues before the competent judicial authorities, ensuring the completion of the adoption process and the full acquisition of citizenship and child status.

Are the requirements for adoption the same in all countries?

No, the requirements can vary significantly. Each foreign country has its own laws regarding the age of adopters, the age difference with the adoptee, marital status (some countries do not allow adoption by unmarried couples or singles). The couple must meet both the requirements of Italian law to obtain suitability and those of the law of the child's country of origin.

Contact the Firm for an Assessment of Your Legal Journey

The international adoption journey is a life project that deserves the utmost legal protection. If you are facing the judicial phase, the transcription of a foreign decree, or other legal complexities, it is important to rely on a professional with in-depth knowledge of the subject matter. Avv. Marco Bianucci offers legal advice and assistance in Milan to ensure that your rights and, above all, those of the child are always protected. Contact the law firm at Via Alberto da Giussano, 26 to discuss your specific situation and receive targeted legal advice.