fbpx
Law Firm Avvocato Cecatiello, specializing in Family Law International Family Law
studio@cecatiello.it
+39 02 72022862

National and international adoption procedures

The Law Firm Cecatiello accompanies and assists its customers also in the procedures for national and international adoption.
Adoption is a legal institution that allows a person named adopter to officially treat another person named as adopted as a child who then takes the surname of the adopter.

The first Italian Civil Code (1865) provided for the adoption of adults, especially for merit reasons, while for minors regulated the institution of protection, thanks to which charitable individuals could take care of abandoned and deserving children.

With a significant legislative change in the 1967 the charitable aspect of the protection was transferred directly to the adoption, which became especially an instrument to rescue the interest of the child in a state of neglect, neglecting the question of merit for the benefit of a generic right to have a family deemed appropriate and stable.
The 29 May 1993 was drafted the Convention for the Protection of Minors and Cooperation in the Field of International Adoption known as the Hague Convention, ratified by the Italian Parliament with the 31 December 1998 Act, cn.76. At the center of the convention is the minor and his fundamental rights, including that of having a family. The convention provides that member states apply priority measures so that minors, where possible, remain with the family of origin, otherwise resort to adoption. International adoption is thus regulated at the supranational level, recognizing it as an "opportunity to give a permanent family to those minors for whom a suitable family can not be found in their State of origin" and is made more transparent and controlled.
The 4 law may 1983, n. 184, art. 27 provides that "the adoption makes the adopted child assume the status of child born in the marriage of the adopters, of whom he also carries the surname".
The same law provides for the possibility of adopting a child on the national territory (national adoption) or in a foreign country (international adoption) belonging to the Hague Convention for the Protection of Minors and Cooperation in the field of international adoption, or in a country with which Italy has established a bilateral agreement on adoption. The aspirants can provide availability for both national and international adoption for a specific foreign country. Generally, at the occurrence of a couple-minor pairing in one of the two distinct procedures (national and international) the other is suspended, but in some cases the competent Juvenile Court could also allow the couple to conclude the adoption with both the procedures, if two distinct combinations are proposed and accepted by the couple.
The basic requirements established by Italian law, in short, are the following:

Adoption is allowed for spouses who have been married for at least three years. There must be no personal separation between the spouses and must not have taken place in the last three years. The period of the 3 years can be reached by calculating also a possible period of pre-marriage cohabitation more uxorio.
The age difference between the adopters and the adopted must be understood by 18 to 45 years. Only one of the spouses may have a difference older than 45 years, provided that his age does not exceed 55 years. Furthermore, the limit can be waived if the spouses are parents of adopted children, of which at least one is of minor age, or when the adoption concerns a brother or sister of the minor already adopted by them.
Adopters must be emotionally fit to educate, instruct and maintain the children they intend to adopt. This point is verified by the Court for the minors concerned through the social assistance services of local authorities.
The Italian couples who decide to adopt, must follow a particularly complex adoption procedure, which has been structured to guarantee the minor's interest in living in a family suited to his characteristics and needs.

The interest of the spouses, that of constituting a family, is considered secondary to the interests of the minor.

The procedure for national adoption and for international adoption differ essentially because the second most important actor is the authority of the foreign minor's country, with respect to which the Authorized Bodies operate, which perform a dual function: service provider for the Italian couple that intends to adopt and at the same time the guarantor of the application of the provisions of the foreign authority in Italy.
The law firm Cecatiello is able to provide assistance to couples who wish to adopt a minor thanks to the contribution of their counselors psychologists, social workers, child neuropsychiatrists and correspondents lawyers abroad.

Armando Cecatiello, Lawyer Milan and Rome.
Law Firm Cecatiello, specialized in family law, matrimonial lawyer, divorce lawyer, minor maintenance / custody.