The national adoption procedure requires the submission of a special application to the Juvenile Court, which collects applications from couples wishing to adopt a minor and includes them in a special list. Italian law provides the necessary conditions for the adoption of a minor and, according to the regulations, only couples (different from adoption by a child of the spouse – see below) who meet the conditions listed below can apply for adoption: As in most jurisdictions, prospective adoptive parents must undergo an assessment and prove that they will make suitable parents. According to Italian law[3], adopters must have been married (or cohabiting) for at least 3 years. There are also restrictions on the age difference between the intended parents and the child or children they wish to adopt. 22. In June 2016, the possibility of adoption by stepchildren by LGBT couples was confirmed by the Court of Cassation in a judgment published on 22 June 2016. [4] However, Italian law prohibits adoption by single parents unless one of the parents inherits custody of the child, either by legal separation or by the death of one of the spouses. [5] In Italy, full adoption can take up to three years. Italian law requires that the child be cared for by the adoptive parents for at least one year, and this period can be extended to two years before a decision is made on whether or not to adopt. The Italian region with the most adoptions is Lombardy, followed by Lazio, Tuscany and Veneto, but a significant increase was observed in the southern regions, particularly Campania, Puglia, Calabria and Sardinia. The only region where the number of intercountry adoptions decreased by 14% in 2010 is Sicily. In addition, Italian law regulates certain “special cases” in which it is possible to adopt, for example, if the foster parents concerned are related to the minor up to the sixth degree, or from an already existing stable and lasting relationship, if the minor is orphaned by both parents; or by the spouse if the minor is the biological or adopted child of the other spouse; or, in addition, if the child is under the conditions laid down in Article 3(1) of Law No 104 of 5 February 1992 and is orphaned by both parents; Finally, if the established impossibility of pre-trial detention exists.
In these countries, adoption is also permitted in the presence of biological children. In the above-mentioned adoption procedure, the consent of the adoptive parent and the foster child who has reached the age of fourteen is required. The child is then cared for for at least one year in foster families of the parents (this care may be extended to two years). During this time, the juvenile court will observe and support the parents. At the end of this eligibility period, the court decides whether to approve or reject the adoption. Italy ratified the Hague Convention on Protection and Cooperation in Respect of Intercountry Adoption by Law No. 476 on 31 December 1998, which was published in Official Gazette No. 8 on 12 January 1999 and entered into force on 16 November 2000. In some cases, it is also possible to adopt an adult if the legal requirements are met. In particular, the foster parent must: With the agreement of the Public Prosecutor`s Office, the president of the court issues an order deciding whether or not to proceed with the adoption.
All parties may appeal this decision. Intercountry adoption is more expensive than domestic adoption, but can be achieved in a shorter period of time. In order not to have negative experiences, it would also be desirable in this case to appoint a specialized lawyer who can contact one of the intercountry adoption associations listed in the competent ministry. With the mediation of the above-mentioned association and the judgment of fitness previously rendered by the juvenile court with specific reference to intercountry adoption, the adoptive parents choose the country of origin of the minor and are assisted in accordance with the procedures provided for by the foreign legal system. Before deciding on the adoption process in Italy, it is important to make sure that you meet the basic conditions for adoption. Italian law, on the other hand, allows adoptions: if the adopted child is over twelve years of age, he or she must be heard in person; When he is younger, he must be heard according to his capacity for judgment. According to Italian law: “Adoption requires the consent of the biological parent as well as the spouse of the foster parent. If, after hearing the parties concerned, consent is refused after hearing the parties at the request of the adoptive parent, the court may also grant adoption if it considers that the refusal is unjustified or contrary to the interests of the minor, unless consent has been refused by the biological parents or the spouse; if they live together, the adoptive parent. It`s only natural that you want to bring your adoptee home as soon as possible, but never forget that all good things take time. Everyone is working as quickly as possible to get you and your adopted child into your new home, but sometimes legal requirements can drag out the process. Note: The city`s juvenile courts oversee the handling of adoption cases. For a complete list of these dishes, prospective adoptive parents should visit the following website: www.commissioneadozioni.it/gli-attori-istituzionali/i-tribunali-per-i-minorenni/ Another factor responsible for the low number of international adoptions from Italy is Italy`s desire to have children adopted in the country.
Every year, thousands of U.S. citizens adopt children from abroad and many families in other countries adopt American children. Intercountry adoption is governed by the laws of the country where the child lives and the country where the adoptive parents live. Under U.S. law, there are two different intercountry adoption procedures: the Hague Convention process, to which Italy is a party, and the non-Hague Convention process. The procedure you follow depends on whether the other participating country is also a party to the Hague Convention or not. This does not mean that Italy prohibits adoptions at international level. It`s just that the above aspects around international adoption mean that the process can be frustrating for those who want to have a child from Italy. It is also difficult to get an exact figure on the cost of the whole process, although Italy does not charge fees for domestic adoption services.
When it comes to adopting in Italy, how much do you have to set aside to pay for the process? Unfortunately, it is difficult to obtain an exact number of international adoptions. This could be due to the fact that very few international adoptions are made in Italy. Usually, it is necessary that those who wish to have an international adoption from Italy must live in Italy. Once you have completed the previous four steps, you can move on to the next part of the Italian international adoption process: taking charge of custody of the child in Italy. Italy There have been very few international adoptions. In fact, between 2014 and 2018, only 3 adoptions with the United States took place. State Department – Bureau of Consular Affairs states that international adoptions from Italy to the United States are “rare.” But this does not mean that it is impossible to adopt in Italy. The two main factors contributing to the low number of intercountry adoptions are: The Central Convention Adoptions Authority will present you with a potential adopted child based on what you have requested regarding the type of child you wish to adopt. The match is based on the information you submit and the child`s special needs. There is no maximum age limit for either the adopter or the adoptee, although it is required that the adopter has no minor children. If only professional help is recommended in the above cases, legal assistance is required in this situation, as well as the consent of all parties involved.
The application for adoption must be submitted to the president of the court of the place where the adopter is domiciled. The competent authority, after accepting the relevant information, shall verify: The first country of origin is the Russian Federation with 707 children, but there has been a particularly high increase in the number of children from Colombia, which has counted 592 compared to 444 in 2009.