The construction of a family does not always follow linear and biological paths. Often, the emotional bonds created between a parent's new partner and their children are so deep and stable as to generate the desire for official legal recognition. Understanding how to protect these relationships is fundamental for those who wish to consolidate family unity. As an expert lawyer in family law in Milan, Avv. Marco Bianucci assists couples daily who wish to undertake the path of adoption in particular cases, providing the necessary support to navigate the complexities of Law 184/1983 and ensure the superior interest of the minor.

The regulatory framework: adoption in particular cases ex art. 44

The Italian legal system provides for a specific form of adoption, defined as 'in particular cases', regulated by Article 44 of Law no. 184 of 1983. This legislation was conceived to manage situations where full legitimizing adoption is not applicable or is not the most suitable solution, but there is still a need to protect the relationship between the minor and a parental figure of reference. Specifically, letter b) of the aforementioned article allows adoption by a spouse if the minor is the child, even adopted, of the other spouse. This legal institution is often known as 'stepchild adoption'.

Unlike full adoption, adoption in particular cases does not sever the minor's ties with their family of origin, except in specific situations, but adds a new legal bond with the adopter. It is crucial to emphasize that recent case law, including that of the Constitutional Court and the Court of Cassation, has significantly expanded the scope of this institution, extending inheritance rights and kinship ties that were previously limited. However, the procedure requires rigorous verification of certain requirements, including the consent of the other biological parent (if present and holding parental responsibility) and the assent of the minor if they are over 14 years of age, or their hearing if they are over 12 years of age or capable of discernment.

The approach of Studio Legale Bianucci to the adoption of a partner's child

Undertaking an adoption process requires not only technical expertise but also profound human sensitivity. The approach of Avv. Marco Bianucci, an expert lawyer in juvenile and family law in Milan, is based on a meticulous preliminary analysis of the specific family situation. Every family unit has a unique story, and the first step is always to verify the existence of the legal prerequisites and the feasibility of applying to the Juvenile Court. The firm's primary objective is to demonstrate to the judge that the adoption serves the preeminent interest of the minor, transforming a de facto emotional relationship into a stable legal bond.

Studio Legale Bianucci accompanies clients through every stage of the procedure, from gathering the necessary documentation to drafting the application, and providing assistance during hearings and interviews with social services, who are often tasked by the Court with assessing the couple's emotional and educational suitability. The legal strategy aims to highlight the emotional continuity and stability of the relationship established with the child or adolescent. In a delicate context such as that of blended families, having a professional by your side who thoroughly understands the dynamics of the Milan Juvenile Court is essential to avoid bureaucratic obstacles and ensure that the desire for parenthood is protected in compliance with current regulations.

Frequently Asked Questions

Is it possible to adopt a partner's child if we are not married?

The original law explicitly referred to spouses, but the jurisprudential evolution of recent years has opened important avenues for unmarried couples as well. Courts, assessing the superior interest of the minor in emotional continuity, have granted adoption in particular cases even to cohabiting or civilly unioned partners, especially when a long-standing parental relationship is demonstrated. However, each case must be evaluated individually with an expert lawyer.

Is the consent of the non-resident biological parent required?

Yes, the consent of the other biological parent is a legal requirement to proceed with adoption in particular cases. However, if the biological parent unreasonably withholds consent contrary to the child's interest, the Court may, under certain circumstances and upon the lawyer's request, still pronounce the adoption. This is a complex procedure that requires solid legal argumentation to overcome the dissent.

What surnames will the child have after adoption?

With adoption in particular cases, the adopted minor prefixes the adopter's surname to their own. However, following recent rulings by the Constitutional Court on parental equality and the right to personal identity, it is possible to request different surname attribution methods, such as subsequent addition or the retention of only the original surname in specific cases, always with the aim of protecting the minor's identity.

Does adoption in particular cases create inheritance rights?

Yes, the Constitutional Court's ruling no. 79 of 2022 has equated the status of children adopted in particular cases to that of other children, recognizing the establishment of kinship ties also with the adopter's relatives. This has direct implications for inheritance rights, ensuring the adopted child full hereditary protection towards the adoptive parent and their family.

Request a consultation for adoption

If you wish to give legal form to the emotional bond with your partner's child, it is essential to act with awareness and professional support. Studio Legale Bianucci is at your disposal to assess the prerequisites of your case and guide you towards the formal establishment of your family. Contact Avv. Marco Bianucci at the Milan office at Via Alberto da Giussano, 26, for an in-depth and confidential examination of your situation.