International adoption is a process involving the juvenile court, the authorities of the minor's country of origin, an authorized agency, and the Commission for International Adoptions. For those wishing to begin, doubts do not only concern the timing of the procedure: it is necessary to understand who can submit the declaration of availability, what the certificate of suitability verifies, why one cannot proceed directly with a private adoption abroad, and how a foreign measure takes effect in Italy.
I want to help you distinguish the steps that depend on Italian law from those that also depend on the rules of the country of origin. This distinction is important: Italian suitability does not coincide with adoption, but rather opens a regulated path subject to multiple checks, built primarily in the best interest of the minor.
A Process Between Italy and the Country of Origin
The procedure is not solely Italian. International adoption is regulated in Italy by Law No. 184 of May 4, 1983, as amended by Law No. 476 of December 31, 1998, which implemented the 1993 Hague Convention. Italian law regulates access to the proceedings, the role of Italian authorities, and the effectiveness within our legal system of the foreign adoption measure. Law No. 476 of 1998 is the text that connected Italian regulations to the cooperation provided for by the Convention.
Foreign law always matters as well. The country of origin may establish its own requirements for prospective parents, administrative or judicial procedures, matching methods, and different forms of adoption or foster care for adoption purposes. For this reason, the certificate of suitability issued in Italy does not assign a minor nor replace the decisions of the foreign authority. Instead, it serves to demonstrate that the Italian legal system allows the process to continue, according to the conditions identified by the court.
The minor remains at the center of the procedure. This is not about choosing a child through an agreement between private parties. Cooperation between authorities serves to verify that the minor's situation permits adoption, that the required safeguards are respected, and that the adoption project is compatible with their best interests. This approach explains why the intervention of the authorized agency and the Commission is not merely a bureaucratic step.
Who Can Request Suitability for International Adoption
For couples, the requirements of Article 6 apply. Law No. 184 of 1983 provides for adoption by spouses united in marriage for at least three years, without personal separation, even de facto, in the last three years. The stability requirement may also be recognized if the three years result from stable and continuous cohabitation prior to marriage, provided the court effectively ascertains its continuity and stability. Article 6 of Law No. 184 of 1983 also indicates affective suitability and the capacity to educate, instruct, and support the minor.
Age is not an isolated datum. Generally speaking, the age difference between adopters and the adoptee must be at least eighteen and not more than forty-five years. However, the same provision contemplates exceptions: for example, exceeding the maximum limit by only one of the adopters within ten years does not preclude adoption. There are also derogations linked to the serious harm that failure to adopt could cause to the minor. Therefore, it is not enough to stop at chronological age alone; the applicable rule and any concrete exception must be considered.
Single persons residing in Italy may also access it. By ruling No. 33 of 2025, filed on March 21, 2025, the Constitutional Court declared Article 29-bis, paragraph 1, of Law No. 184 of 1983 unconstitutional to the extent that it did not include single persons residing in Italy among those who can submit the declaration of availability and request suitability for international adoption. The Court specified that the requirements of Article 6 compatible with single status remain applicable, particularly those relating to age and concrete educational suitability. Ruling No. 33 of 2025 of the Constitutional Court delimits this opening.
Single status is a decisive point. The constitutional ruling concerns single persons who are not bound by marriage. The Court expressly excluded from its judgment the condition of persons who are part of a civil union. It is therefore incorrect to automatically extend the decision to situations other than the one examined. Furthermore, even for single persons, the recognition of access to the procedure does not eliminate the individual assessment of suitability nor the conditions provided by the State in which the procedure takes place.
From the Declaration of Availability to the Decree
The first act is the declaration of availability. Anyone intending to adopt a minor residing abroad submits the declaration to the juvenile court of the district in which they reside; if there is no residence in Italy, the jurisdiction indicated by the regulations is the Juvenile Court of Rome. The declaration initiates the Italian procedure: it is not an application addressed directly to the State of origin and does not, by itself, create a right to be matched with a minor.
The court ascertains concrete suitability. Territorial social services intervene in the proceedings, and in-depth investigations may be conducted regarding personal, relational, family, and health conditions relevant to the capacity to welcome a minor. The point is not to pass an abstract exam, but to verify whether the adoption project has adequate bases consistent with the needs of a child who may have a history, health needs, or previous ties to consider.
Legal deadlines mark this phase. The social services report is transmitted within four months of the declaration of availability; upon receiving the report, the court hears the prospective adopters, may order further investigations, and issues the reasoned decree within the following two months. The informative page of the Ministry of Justice summarizes the process and clarifies that the decree can certify the existence or absence of requirements. The guidelines of the Juvenile Court of Trieste also report the steps following suitability.
The decree may contain relevant indications. Its function is not merely to state a yes or no. The characteristics of the expressed availability, the composition of the family unit, and the elements emerged in the proceedings can affect how the authorized agency presents the couple or single person to foreign authorities. Ignoring these indications or considering them freely modifiable exposes one to difficulties in the continuation of the process.
Rejection has specific protection. If the court denies suitability, the measure must be motivated. The rules indicated by the judicial offices provide for the possibility of appealing to the court of appeal within ten days of notification of the decree. This is a short deadline: the date to consider is that of notification of the measure, not an informal date on which its content was learned. However, the appeal does not replace the need to address the actual reasons for the denial.
The Choice of the Authorized Agency and the Mandate
The authorized agency is mandatory. Following the certificate of suitability, prospective adopters must confer a mandate upon an agency authorized by the Commission for International Adoptions and accredited to operate in the chosen country. The agency is not a simple linguistic intermediary: it handles the activities provided for in relations with foreign authorities, accompanies the process, and transmits the documentation on the minor and the foreign measure to the Commission.
The mandate must be conferred within one year. This deadline runs from the certificate of suitability. If it is not respected, the decree loses its effectiveness and it is necessary to resubmit the declaration of availability, going through the procedure before the court once again. Therefore, the choice of the agency should not be postponed until the end of the year: it is useful to understand beforehand which countries are actually accessible, what conditions they apply, and whether the agency is authorized for that specific legal system.
Country and agency are a linked choice. Not all agencies operate everywhere, and not all States admit the same profiles of prospective adopters. Age, marital status, presence of children, health conditions, duration of marriage, and availability towards specific needs of the minor may have a different weight according to the legislation and practice of the State of origin. The alternative is not between a faster or slower agency, but between paths that must be legally practicable and consistent with the certificate of suitability.
Direct contact abroad does not replace the procedure. Even if prospective adopters receive information from acquaintances, associations, or foreign structures, the Italian process requires the intervention of the authorities and the authorized agency. Attempting to privately build an adoption and then asking Italy to take note of it may prevent recognition or make it much more difficult to demonstrate compliance with the required safeguards.
Entry of the Minor and Recognition of the Foreign Measure
Adoption pronounced abroad is not enough on its own. Following the measure of the foreign authority, the Commission for International Adoptions verifies the conformity of the process with the safeguards of the Convention and authorizes the entry and stay of the minor in Italy. This step connects the procedure carried out in the country of origin to the Italian phase and makes it possible to check that the documentation is consistent with the procedure followed.
Transcription makes the measure effective in Italy. Once the minor has entered Italy, the competent juvenile court decides on the recognition of the effectiveness of the foreign measure and, when conditions are met, orders its transcription in the civil status registers. Jurisdiction belongs to the court of the place where the parents reside when they enter Italy with the minor, even if the certificate of suitability was issued by a different court.
Not every foreign measure immediately produces the same effects. If the foreign measure constitutes an adoption already finalized, the court verifies in particular compliance with fundamental Italian principles regarding family and minors, evaluated in light of the best interests of the minor, in addition to the compliance documentation and required authorizations. If instead, upon arrival in Italy, the adoption still needs to be finalized, a pre-adoptive foster care phase may open. Calling both situations simply adoption risks hiding a difference that changes the final step.
For non-member States, further precautions are needed. Article 36 of Law No. 184 of 1983 also governs the effectiveness in Italy of adoptions or foster care measures pronounced in States not adhering to the Hague Convention and not bound to Italy by bilateral agreements. Among other things, the ascertainment of the abandonment of the minor or the required consent, the certificate of suitability, the intervention of the Commission and the authorized agency, compliance with the indications of the decree, and authorization for entry are required. Therefore, this is not a simplified alternative route.
When Adoption Was Obtained While Living Abroad
Effective residence abroad can change the path. Article 36, paragraph 4, considers the case of Italian citizens who, at the time the adoption is pronounced by the foreign authority, have resided continuously in the foreign State and have had their residence there for at least two years. In this situation, the juvenile court can recognize the adoption in Italy, provided it complies with the principles of the Hague Convention.
Occasional stay is not enough. The rule concerns Italian citizens truly rooted in the country where the adoption is pronounced, not those who go abroad to conclude a procedure more quickly. Residence and continuity of stay are therefore facts to be demonstrated with consistent documents. Here too, the foreign measure must be subjected to the scrutiny required in Italy: foreign adoption does not automatically escape all control.
Documentation must tell a verifiable story. Certificate of suitability, mandate to the agency, acts of the foreign authority, compliance certifications, entry authorization, and translations when necessary are not simple attachments to be collected at the end. Each document proves a different step. If a document is missing or contradicts the path followed, the difficulty concerns the recognition of the adoption, not a mere formal irregularity.
Preparation means keeping roles distinct. For an initial orientation, it is useful to have with you the measures already received, notification dates, information on the country of origin, and the name of the agency involved. If you already have a foreign measure or a doubt about its recognition, I can help you understand which Italian phase applies and which documents are truly decisive.
Frequently Asked Questions
Can I submit the application for national and international adoption together?
Yes, the two declarations can be submitted simultaneously. However, they are distinct paths, with different rules and developments. Availability for international adoption requires the procedure provided for by Articles 29-bis and following of Law No. 184 of 1983 and, after suitability, the assignment of a mandate to an authorized agency. Presenting them together does not mean that one automatically replaces or accelerates the other.
Does the certificate of suitability guarantee me the adoption of a minor?
No, the decree does not guarantee a match. It certifies that, according to the court's assessment, the requirements to access the international procedure exist. However, the authority of the country of origin applies its own rules and decides in its own procedure. The authorized agency must also be able to operate in that country, and the path must remain consistent with the indications contained in the decree.
By when must I choose the authorized agency?
The mandate must be conferred within one year of the certificate of suitability. The deadline concerns the assignment to an agency authorized by the Commission for International Adoptions and accredited in the chosen country. Allowing it to lapse entails the loss of effectiveness of the decree and makes it necessary to start the Italian procedure anew, rather than proceeding with the old measure.
Can I adopt directly in a foreign country and then ask for transcription in Italy?
As a rule, no. International adoption requires the path through the court, the authorized agency, and the Commission. A procedure carried out without these safeguards may not meet the conditions for recognition in Italy. There are specific regulations for Italian citizens who have resided continuously for at least two years in the foreign country at the time of adoption, but even in that case, the court verifies compliance with the required principles.
Is the transcription of the foreign adoption just a registry formality?
No, it is the step that completes the Italian effectiveness of the measure. The juvenile court checks the nature of the foreign decision and the presence of the conditions required by law. Only after recognition can it order transcription in the civil status registers. If the adoption is not yet finalized abroad, the Italian phase may instead include pre-adoptive foster care.