The Institution of Adult Adoption in Italian Law

The adoption of an adult person is a legal instrument of great importance in the Italian family law landscape, often used to consolidate pre-existing emotional bonds or to ensure the continuity of family patrimony and name. Unlike the adoption of minors, which aims to provide a family for those who lack one, this institution has different purposes, often linked to the transmission of assets and moral and material assistance between adults. As an expert lawyer in family law in Milan, Avv. Marco Bianucci understands the delicacy of these decisions, which intertwine deep emotional aspects with significant legal consequences, especially in inheritance matters.

Requirements and Conditions for Adoption

Italian law, through the Civil Code, establishes precise requirements for the adoption of an adult to be pronounced by the Court. The fundamental requirement is the age difference: the adopter must be at least 35 years old and must be at least 18 years older than the adoptee. A crucial aspect of the procedure concerns consents. The will of the adopter and the adoptee is not sufficient; it is necessary to obtain the consent of the adoptee's parents, the adopter's spouse, and the adoptee's spouse (if married and not legally separated), and, a often critical point, the adopter's legitimate or legitimized children. The latter, if adults, must give their consent, as the adoption will affect their reserved share of the inheritance. The procedure takes place before the competent court, which in our case is often the Court of Milan for residents in the area, where the convenience of the adoption for the adoptee is assessed.

Legal Effects: Surname and Inheritance Rights

The adoption of adults produces specific effects that differ from the full adoption of minors. The adoptee assumes the adopter's surname and places it before their own, while maintaining legal relationships and duties towards their original family. From an inheritance perspective, the adoptee acquires the rights of a natural child towards the adopter, becoming a forced heir. However, it is fundamental to know that, as a rule, adoption does not create kinship relationships between the adoptee and the adopter's relatives, nor does the adopter acquire inheritance rights over the adoptee's assets. This asymmetry is an element that requires careful estate planning.

The Approach of Studio Legale Bianucci

The approach of Avv. Marco Bianucci, an expert lawyer in inheritance and family law in Milan, is based on a rigorous preliminary analysis of each individual case. Before initiating the judicial process, the firm carefully assesses the existence of all legal requirements and, above all, analyzes the impact the adoption will have on the client's overall inheritance structure. The goal is to prevent future family conflicts by ensuring that all necessary consents are validly given and that the procedure serves the real interest of the adoptee. Studio Legale Bianucci assists clients in gathering documentation, drafting the application, and providing support during hearings in chambers, ensuring that the parties' wishes are respected in full compliance with current regulations.

Frequently Asked Questions

What are the age requirements for adopting an adult?

To proceed with the adoption of an adult person, the adopter must be at least 35 years old. Furthermore, it is essential that there be an age difference of at least 18 years between the adopter and the person to be adopted. In exceptional cases, the Court may authorize adoption even if the adopter has reached at least 30 years of age, provided the 18-year age gap is maintained.

Does an adult adoptee lose their original surname?

No, an adult adoptee does not lose their original surname. According to current regulations, the adoptee assumes the adopter's surname and places it before their own. Therefore, the adoptee will have a double surname, thus maintaining their previous civil identity while acquiring that of the adoptive family.

Does the adoption of an adult affect the inheritance of natural children?

Yes, adoption has important implications for the inheritance estate. The adoptee acquires succession rights equivalent to those of the adopter's natural children. This means that the adoptee is among the forced heirs. For this reason, the law mandatorily requires the consent of the adopter's legitimate and legitimized adult children for the adoption to take place.

How long does the adoption procedure take before the Court of Milan?

The duration of the procedure can vary depending on the Court's workload and the complexity of the specific case, for example, if there are difficulties in obtaining the necessary consents. Generally, an adult adoption procedure before the Court of Milan, if the documentation is complete and there are no objections, is concluded within a few months. Avv. Marco Bianucci works to prepare the case with the utmost precision to facilitate swift processing.

Request a Legal Consultation in Milan

If you are considering the adoption of an adult person and wish to fully understand the legal and inheritance implications of this choice, it is essential to rely on a competent professional. Avv. Marco Bianucci receives clients at his office in Milan, at Via Alberto da Giussano 26, to examine your case with due confidentiality and professionalism. Contact the firm to schedule an appointment and plan your family's future with legal certainty.