The Desire for Parenthood and the Italian Regulatory Framework

The desire to become parents is a deep instinct that knows no marital status, and many unmarried individuals wonder about the possibility of undertaking an adoption process in our country. Understanding the legal dynamics of single-person adoption is fundamental for those who wish to welcome a minor into their lives, even without being part of a married couple. As an expert family law attorney in Milan, Avv. Marco Bianucci often meets clients seeking clarity in a seemingly rigid legal system that, upon closer examination, presents specific legal loopholes.

In Italy, the reference law is Law No. 184 of 1983, which establishes as a general rule that full adoption, meaning the one that severs ties with the biological family and fully integrates the minor into the new family, is reserved for couples married for at least three years. However, the evolution of society and case law has led to interpretations aimed at primarily protecting the best interests of the child. It is in this context that Article 44 of the same law comes into play, which governs so-called adoption in special cases, the only viable path currently available for singles wishing to adopt.

Adoption in Special Cases: When it is Permitted for Singles

Adoption in special cases represents the exception to the rule of married couples and allows adoption by unmarried individuals, and therefore also by singles, in four specific, exhaustive circumstances. The first concerns the case where the minor is an orphan of both parents and the adopter is a person linked to the minor by kinship up to the sixth degree or by a pre-existing stable and lasting relationship, even if not of kinship. This provision aims to ensure emotional continuity for the child who has suffered a severe loss.

A second fundamental hypothesis concerns the adoption of minors with disabilities. In these cases, the law favors adoption by anyone capable of caring for the child, regardless of marital status, to ensure the minor receives a family environment suitable for their special needs. Finally, there is the hypothesis of the ascertained impossibility of pre-adoptive placement: this occurs when married couples available or suitable for a particular minor cannot be found, or when the minor has already established a significant bond with the single individual (for example, following a long period of temporary foster care that has solidified over time).

International Adoption for Singles

Regarding international adoption, the situation is complex. Although the Hague Convention does not prohibit adoption by singles, Italian law refers to the requirements for national adoption. However, the Constitutional Court and the Court of Cassation have opened important avenues, recognizing in some cases adoptions finalized abroad in favor of singles, always assessing compliance with public order and the child's best interests. It is necessary to verify bilateral agreements with individual foreign countries on a case-by-case basis, as some foreign legal systems allow adoption by unmarried individuals.

The Approach of the Bianucci Law Firm

Undertaking an adoption process as a single requires a meticulous legal strategy and a deep understanding of juvenile case law. The approach of Avv. Marco Bianucci, an expert family law attorney in Milan, is based on a rigorous preliminary analysis of the client's personal situation to identify if the requirements of Article 44 of Law 184/1983 are met. It is not just about filling out forms, but about building a dossier that unequivocally demonstrates the applicant's emotional and financial suitability and, above all, the concrete benefit for the minor.

The Bianucci Law Firm accompanies the client through every phase, from submitting the application to the Juvenile Court to assisting during investigations by social services. Sensitivity is an essential component of the firm's working method: we understand that behind every legal case lies a life project. The goal is to present the judge with a clear picture highlighting how adoption by a single individual represents, in the specific case, the best possible solution for the child's growth and well-being.

Frequently Asked Questions

Can a single person adopt a child through full adoption in Italy?

Currently, Italian law reserves full and legitimizing adoption primarily for couples married for at least three years. Full ordinary adoption is not provided for singles, but it is possible to access the institution of adoption in special cases provided for by Article 44 of Law 184/1983, which offers different legal protections but still allows for the creation of a legally recognized parental bond.

What are the requirements for adoption in special cases?

To access adoption in special cases as a single, it is necessary to fall within one of the hypotheses provided by law: the existence of a kinship bond or a stable relationship with an orphaned minor, the adoption of a minor with a disability, or the impossibility of pre-adoptive placement. Furthermore, it is necessary to demonstrate emotional suitability and the capacity to educate and support the minor, as well as a minimum age difference of 18 years between the adopter and the adopted.

If I take a child into foster care, can I adopt them later?

Family foster care is a temporary measure designed for the child's return to their biological family. However, if over time the return becomes impossible and the minor is declared adoptable, the law recognizes the continuity of affections. If a deep and significant bond has been established during foster care, the single foster parent can request adoption in special cases, leveraging the consolidated relationship with the child.

Is it possible for a single person to adopt a child abroad?

International adoption for Italian singles is very limited. It is only possible if the foreign country permits it and if the conditions for adoption in special cases provided by Italian law are met. This route is often feasible for children with