The decision to adopt an adult often represents the meeting point between the desire to formalize a consolidated emotional bond and the need to plan the family's financial future. Many approach this legal institution with the aim of ensuring economic protection for a loved one, such as a stepchild or grandchild, guaranteeing them specific inheritance rights. As an expert lawyer in family law in Milan, Avv. Marco Bianucci understands the delicacy of these choices, which intertwine deep feelings and complex succession law issues, offering safe guidance through the Court's procedures.

The Regulatory Framework for the Adoption of Adults

Italian law governs the adoption of adults in Articles 291 et seq. of the Civil Code. Unlike the adoption of minors, which aims to provide a family for those who lack one, this institution has historically served to ensure descendants and transmit surnames and assets. However, today it is primarily used for purposes of solidarity or to regularize de facto family situations. The law imposes strict requirements to proceed: the adopter must be at least 35 years old, and there must be an age difference of at least 18 years between the adopter and the adoptee. It is crucial to emphasize that, for the procedure to be finalized, the consent of the adoptee and the assent of their parents, as well as the adopter's spouse and legitimate children, are necessary. If the latter deny their assent, the Court cannot pronounce the adoption, except in specific cases evaluated with extreme caution.

Effects of Adoption on Inheritance Rights

The most significant aspect of this procedure concerns its consequences on inheritance. With the adoption decree, the adoptee assumes the status of a child in all respects and, consequently, becomes a forced heir of the adopter. This means they are entitled to a reserved share of the estate, exactly like biological children, and cannot be excluded from the succession by will. It is important to note a crucial distinction compared to the adoption of minors: the adoption of an adult does not sever ties with the family of origin. The adoptee retains all rights and duties towards their biological family, while acquiring new inheritance rights towards the adopter. However, the adopter does not acquire any inheritance rights towards the adoptee. This asymmetry is an element that must be carefully evaluated during estate planning.

The Bianucci Law Firm's Approach

Undertaking the process of adopting an adult requires a comprehensive view that goes beyond simply filling out documents. The approach of Avv. Marco Bianucci, an expert lawyer in family law in Milan, focuses on a preventive and strategic analysis of the client's family and financial situation. Before initiating the judicial process, the firm examines the impact the adoption will have on the overall estate, preventing potential conflicts with other legitimate heirs. Legal assistance includes gathering the necessary consents, preparing the application, and representing the client in court hearings before the Tribunal, ensuring that every step complies with legal formalities to avoid rejections or future challenges. The goal is to transform the client's wishes into a solid and unassailable legal framework.

Frequently Asked Questions

What are the age requirements for adopting an adult?

The law requires the adopter to be at least 35 years old, although the Court may grant an exception if the adopter is at least 30 years old. Furthermore, it is mandatory that there be an age difference of at least 18 years between the adopter and the adoptee. This gap is required to simulate a natural generational difference between parent and child.

Does an adopted adult change their surname?

Yes, the adoptee assumes the adopter's surname and places it before their own. This change in civil records is one of the direct effects of the adoption decree. However, the adoptee retains their original surname, which is not erased but placed after the new one, thus preserving their personal identity and ties to their family of origin.

What happens if the adopter's children do not agree?

The consent of the adopter's legitimate or legitimized children is an essential requirement. If the adopter's children are adults and refuse their assent, the adoption cannot be pronounced by the Court. The rule is in place to protect the financial and inheritance rights of existing children, whose reserved share would be reduced by the entry of a new heir.

What are the costs and duration of the adoption procedure?

It is not possible to define a standard cost or fixed duration a priori, as each case presents specific variables, such as the ease of obtaining consents or the workload of the competent Tribunal. Generally, the procedure takes a few months. During the initial consultation at the firm, Avv. Marco Bianucci can analyze the specific case and provide a clear and transparent overview of the expected financial and time commitment.

Request an Evaluation of Your Case

If you are considering adopting an adult to consolidate an emotional bond or for succession purposes, it is essential to proceed with awareness. Avv. Marco Bianucci is available at the Milan office, located at Via Alberto da Giussano 26, to evaluate the feasibility of your project and guide you in making the best choice for your family. Contact the firm to schedule an appointment and discuss your needs with confidentiality and professionalism.