Adoption is the process through which a person assumes the parenting of a child or adult. Moreover, a legal adoption permanently transfers all filiation rights and responsibilities to new parent or parents. Several jurisdictions has implemented a robust framework for adoption schemes also determining rules and parameters to comply. For instance, some jurisdiction may recognise the right to adopt only to married couple and with a certain age-difference between adopting parents and adopted.

Italian adoption procedure is now more flexible also allowing single people to adopt a minor. Moreover, the aforementioned age-difference between adopted and adopting individuals is no longer a precondition to proceed with adoption.

Court of Cassation ordinance No. 17100/2019 has strongly affected adoption scheme in Italy by allowing single people to adopt a minor also erasing the age-difference requirement. The main parameter that rules the whole procedure is, of course, minors’ interest. Italian authorities are likely to prefer the young married couple even though being single is no longer considered a special condition that automatically limits adoptive capacity.

In the present case, a married couple decide to abandon a seven years old child affected by a chronic and incapacitating condition. Therefore, the couple lost parental responsibility and the court granted the custody of the child to a 60 years old woman. After that, the couple changed idea wishing to get child custody back. However, Court of cassation sentence confirms that it is relevant to protect the emotional and relational continuity between the child and the adopting subject.

VGS lawyers professional are able to assist you in nation and international adoption procedures and related issues. Our lawyers have undertaken several adoption cases achieving remarkable results. Should you need any information in relation to this matter, please contact us through the online form you find in our website. You will receive a first answer within the next 24 hours.