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Adult Adoption in Italy: Complete GUIDE by an Italian Lawyer

Adult adoption in Italy is still little known.

When people refer to adoption, they often associate it with the adoption of minors, which is a completely different legal institution.

Few people know that adult adoption can:

  • formally recognize an existing emotional bond (for example, with the child of a spouse or partner), or more generally with individuals who, although now adults, were raised “as children” within the family
  • allow a person without descendants to create a legal line of succession, ensuring continuity of the family surname and assets in the absence of biological children
  • lawfully plan succession matters, provided that a genuine nucleus of affectio familiaris always exists
  • serve purposes related to surname transmission, citizenship, residence permits, or family reunification
  • and much more, as long as there is a real and authentic family relationship

I am Attorney Gianluca Piemonte, and our law firm assists clients with adult adoption procedures throughout Italy, thanks to a nationwide network of collaborators before every Italian court.

PLEASE NOTE: we exclusively handle adult adoptions and do NOT deal with minor adoptions.

In this article, I will provide you with a complete and practical guide to fully understand the procedure for adult adoption in Italy and how to obtain our legal assistance.

What Is Adult Adoption?

What adult adoption is: a civil parent-child tie between two adults under Articles 291 and following of the Civil Code; the bond with the birth family is not severed, no legal tie arises with the adopter's relatives, and it serves to recognise a lasting bond and to pass on a name and an estate

Adult adoption is the legal institution through which an adult acquires the status of child of another person by means of a court judgment that establishes a “civil” parent-child relationship between the adopter and the adoptee, distinct from biological filiation.

From a practical standpoint, this means that the adoptee:

  • becomes part of the adopter’s household for civil status purposes
  • generally assumes the adopter’s surname
  • acquires inheritance rights comparable to those of a natural child, while generally maintaining legal ties with his or her family of origin

Adult adoption is governed by Articles 291 and following of the Italian Civil Code, as amended by Law No. 184 of 4 May 1983.

Originally, Article 291 of the Civil Code required that the adopter have no legitimate or legitimated descendants, in order to preserve the institution’s essentially succession-related function and the continuity of the family name.

However, this limitation was later removed. In Judgment No. 557 of 19 May 1988, the Italian Constitutional Court declared Article 291 unconstitutional insofar as it did not allow adoption by persons who had legitimate or legitimated adult descendants who consented to the adoption.

In essence, adult adoption serves:

  • a patrimonial function and the purpose of ensuring continuity of the family name for individuals without natural descendants
  • a solidarity-based function, as a legal tool to formally recognize long-standing emotional and caregiving relationships between adults (for example, a spouse’s or partner’s child raised as one’s own, a foreign national welcomed and supported within the family, or a person who has assisted the adopter for many years)

The key aspect is that, in any case, ordinary adult adoption does not alter the adoptee’s rights and duties toward his or her family of origin and does not create legal effects with respect to the adopter’s relatives or the adoptee’s relatives.

Difference Between Adult Adoption and Minor Adoption

Minor adoption has an essentially protective function, because it severs (in the case of full adoption) legal ties with the family of origin and permanently places the child within a new family.

Adult adoption, by contrast, does not have a strictly protective or welfare-based character, as it primarily serves to give legal recognition to an existing emotional bond or to ensure family and patrimonial continuity between adults.

As mentioned above, adult adoption:

  • does not sever ties with the family of origin;
  • does not generally create a full system of kinship with the adopter’s relatives;
  • follows a more streamlined procedure before the Ordinary Court, focused on the consent of the parties and judicial assessment of the adoption’s merits.

Practical Examples

Below are common situations in which adult adoption in Italy is used:

  • Adoption by individuals without biological children, in order to create a legal line of succession and ensure continuity of the family surname and assets
  • Adoption of a spouse’s or partner’s adult child, to formally recognize the role of a social parent, align the surname, and grant full inheritance rights
  • Adoption of an adult raised as a “de facto child” or previously fostered, to provide legal stability to a long-standing emotional and caregiving relationship
  • Adoption of a nephew or young relative raised as a child, to strengthen an intergenerational caregiving bond and ensure orderly succession planning
  • Adoption of a foreign adult integrated into the family, to obtain or renew a residence permit and, potentially, facilitate access to Italian citizenship—provided that a genuine family relationship exists and the adoption is not merely instrumental
  • Adoption of a long-term caregiver (e.g., domestic worker or caregiver), to formally recognize a relationship of care that has evolved into a stable family bond and to ensure coherent inheritance protection
  • Adoption within blended families, where a spouse or partner has raised the other’s child for many years in a stable cohabitation context, effectively acting as a social parent. Adult adoption gives legal recognition to this already existing family relationship, without severing ties with the biological parent
  • Adoption for patrimonial planning purposes (e.g., entrepreneur without direct heirs), to structure generational transfer of assets or a business in a more stable manner than through a will or donation, provided that a genuine familial relationship has developed over time
  • Adoption of an adult with living parents but strongly bonded to a third party (relative or family friend), where a stable and deserving emotional relationship exists, allowing the addition of a second parental line without affecting the original one and expanding personal and patrimonial protections
Legal requirements for adult adoption in Italy: the adopter must be at least 35 years old under Article 291 of the Civil Code and at least 18 years older than the person adopted, who must be of full age and able to give informed consent, with the assents of parents, spouses and adult children

The adoption of adults in Italy is governed by Title VIII of the Civil Code and requires the fulfillment of specific subjective and objective legal requirements.

Below, I outline the most relevant practical aspects of these requirements.

Requirements for the Adopter

Article 291 of the Italian Civil Code sets out the main legal requirements for the adopter, subject to certain interpretative developments in case law:

  • The adopter must be at least 35 years old
  • There must be a minimum 18-year age difference between the adopter and the adoptee. The Italian Constitutional Court has held this requirement to be mandatory in order to ensure a credible alignment with natural parent-child relationships
  • In exceptional circumstances, the court may authorize the adoption when the adopter has reached 30 years of age, provided that the minimum 18-year age gap is respected
  • The adopter must have full legal capacity, as adoption is based on a personal, free, and informed consent
  • If the adopter has descendants, they must be adults and give their express consent
  • The adoption must be consistent with the overall interest of the family, taking into account the solidarity-based nature of the legal bond

Requirements for the Adoptee

Pursuant to Article 291 of the Italian Civil Code, the adoptee must meet the following requirements:

  • be at least 18 years old
  • have the legal capacity to give informed and conscious consent (capacity to understand and to act, excluding legally incapacitated persons)
  • not have already been adopted by another person, except in the case provided for by Article 300 of the Civil Code (adoption by the spouse of the original adopter)

Consent is a structural and indispensable element of adult adoption.

Consent must be personal, free, and expressed in the forms provided by Articles 296 and following of the Civil Code.

Power of attorney is not permitted.

Both parties — the adopter and the adoptee — must personally appear before the judge to express their consent.

In addition to the parties’ consent, the law requires the assent of specific family members:

  • the adoptee’s parents, if living
  • the adopter’s spouse and the adoptee’s spouse, if not legally separated
  • the adopter’s adult children

The absence of one or more assents does not automatically lead to rejection of the application. The court may nevertheless authorize the adoption if it considers the refusal unjustified and contrary to the adoptee’s interest, as well as to the solidarity-based and emotional purpose of the institution.

For clarity, and in response to a frequent question from our clients, it is important to distinguish between consent and assent:

  • Consent is the expression of will personally given by a party directly involved in the adoption proceedings (the adopter and the adoptee)
  • Assent refers to the authorization granted by third parties (such as parents, spouse, or children of the adopter), whose opinion, although not decisive, is required by law in order to assess the compatibility of the adoption with the overall family interest

When the Italian Court Rejects the Application

Many people believe that filing a petition for adult adoption is a simple bureaucratic procedure with a guaranteed outcome.

This is not the case.

Legal assistance is essential, including for procedural aspects that will be discussed later.

On several occasions, the Italian Supreme Court (Corte di Cassazione) has clarified that the mere existence of the adopter’s children no longer constitutes an automatic obstacle. The key requirement remains the consent of the descendants and the existence of a genuine emotional bond.

With Order No. 29684/2024, the Supreme Court stated that the judge must verify the existence of a stable and lasting emotional relationship, situated within a family or quasi-family context. A mere friendship or a relationship motivated solely by patrimonial reasons is not sufficient.

Lower court case law has further emphasized the need for a substantive review of the motivations underlying the request, considering legitimate those adoptions based on:

  • caregiving relationships (for example, the child of a cohabiting partner or spouse)
  • prolonged family cohabitation and long-standing emotional and material assistance relationships (for example, caregivers who have provided assistance for many years)

For these reasons, courts systematically reject applications that lack genuine family substance or that pursue purely instrumental purposes, such as unjustified inheritance or tax advantages.

What adult adoption changes: the adopter acquires a parental status with full effects under civil law and no obligation towards the adoptee's relatives, while the adoptee takes on the adopter's surname and a reserved share of the adopter's estate

In the context of adult adoption in Italy, the legal effects differ significantly from those of minor adoption.

Below is a summary of the main advantages and legal consequences for both the adopter and the adoptee.

For the Adopter

  • Creation of a legal family bond: the adopter acquires the legal status of parent of the adoptee, with corresponding civil law effects, without automatic changes to civil registry records (the adoptee retains their original surname unless otherwise requested)
  • Surname transmission: pursuant to Article 299, paragraph 2, of the Civil Code, the adoptee may add or place the adopter’s surname before their own, subject to court authorization
  • Inheritance rights: a direct succession relationship is established. Under Article 567 of the Civil Code adopted children are treated as children of the adopter, so the adoptee inherits from the adopter exactly as a child does and, under Article 536 of the Civil Code, is a forced heir entitled to a reserved share, which protects them against a will that leaves them out. The adoptee remains, however, a stranger to the succession of the adopter’s relatives
  • Recognition of emotional or solidarity-based bonds: adoption formalizes and protects long-standing relationships of care, affection, or cohabitation (for example, a partner’s child, a de facto child, a former foster child, or a long-term caregiver)
  • No effects toward the family of origin: the adopter does not assume legal obligations toward the adoptee’s relatives (parents, siblings, etc.)

For the Adoptee

  • Acquisition of child status: the adoptee acquires the legal status of child of the adopter, although without creating legal kinship with the adopter’s extended family (Article 300, paragraph 1, Civil Code)
  • Succession rights: the adoptee participates in the adopter’s estate as a child, with entitlement to a reserved share in case of intestate succession
  • Legal security of the relationship: adoption provides formal legal protection to pre-existing emotional, caregiving, or educational bonds
  • Surname modification: the court may authorize the adoptee to add or combine the adopter’s surname with their own
  • Formal recognition of social parenthood: particularly relevant in complex family structures, blended families, long-term cohabitation, or relationships involving emotional or economic dependence

Procedure for Adult Adoption in Italy

The adult adoption procedure in five steps: the petition filed with the ordinary court where the adopter lives, consent given in person before the judge, the assents of parents, spouses and adult children, the court's enquiries, and the decree, effective from the date it is issued and then transcribed

The procedure for the adoption of an adult is governed by Articles 291 and following of the Italian Civil Code.

It takes place in chambers proceedings before the Ordinary Court of the place of residence of the adopter.

This is a form of voluntary jurisdiction, meaning that it is not adversarial litigation. However, it requires a substantive assessment by the judge regarding the merits and legitimacy of the request. For this reason, there is no guarantee that every application for adult adoption will be granted.

The adoption may be initiated by a joint petition or by a petition filed by the adopter with the consent of the adoptee. The petition must include:

  • the personal details of the parties
  • a detailed explanation of the emotional, solidarity-based, or family reasons supporting the request
  • identification of the individuals whose assent is required (parents, spouses, adult children of the adopter)

The court first verifies compliance with the legal requirements (age, legal capacity, age difference, absence of prior adoptions), as well as the personal consent of both adopter and adoptee. Such consent must be expressed personally before the judge or in the forms provided by Articles 296 and following of the Civil Code. Power of attorney is not permitted.

Where required, the court also obtains the assent of third parties pursuant to Article 297 of the Civil Code. If one of these parties refuses to give assent, the court may still authorize the adoption by means of a reasoned decree if it considers the refusal unjustified and contrary to the adoptee’s interest.

The proceedings conclude with a court decree which, if granted, produces legal effects from the date of issuance.

The decree is recorded in the civil status registers but does not automatically change the adoptee’s surname unless expressly requested and authorized.

During the investigation phase, the judge may:

  • summon the parties and other interested individuals
  • order social and family background assessments
  • request additional documentation to be filed electronically

Given the procedural structure, courts generally interact directly with a licensed attorney, who receives official court communications and files additional documents or written submissions through the Italian electronic civil procedure system (PCT – Processo Civile Telematico).

Documents to Be Attached to the Petition

Documents to file with an adult adoption petition: full birth certificate for both parties, residence and family status certificates, marriage certificate or certificate of free status, the birth parents' assent or their death certificates, a declaration on the adopter's descendants, and for a foreign adoptee a citizenship certificate and residence permit

For an adult adoption petition, the typical list of supporting documents includes:

  • Full copy of the adopter’s birth certificate
  • Certificate of residence of the adopter
  • Family status certificate of the adopter
  • Marriage certificate or, alternatively, certificate of single status of the adopter
  • Full copy of the adoptee’s birth certificate
  • Family status certificate of the adoptee
  • Marriage certificate or certificate of single status of the adoptee
  • Death certificates of the adoptee’s parents, if deceased; otherwise, indication that they will provide assent at the hearing or by special power of attorney/notarial deed if unable to appear
  • Affidavit or sworn declaration confirming the presence or absence of the adopter’s descendants (and, in some cases, of the adoptee’s descendants)
  • Criminal record certificate of the adopter (required only by certain courts)
  • Certificate of citizenship of the foreign adoptee and copy of residence permit, if not an Italian citizen
  • Any separation or divorce judgments, or other civil status decisions relevant to either party
  • Court filing fee (with electronic payment receipt in .xml format) and administrative stamp duties, according to the applicable court schedule, typically handled by the attorney
  • Power of attorney granted to the appointed lawyer

Surname After Adult Adoption

The surname after adult adoption: the adoptee takes the adopter's surname before their own; Constitutional Court judgment 135 of 2023 opened the way to adding it instead, with the judge deciding case by case and both parties consenting, but the original surname can never be replaced altogether

The surname of the adoptee is governed by Article 299, paragraph 1, of the Italian Civil Code, which provides:

“The adoptee shall assume the surname of the adopter and place it before his or her own.”

In abstract terms, this rule means that the adoptee assumes the adopter’s surname and places it before their original surname. As a consequence, the adult adoptee cannot completely replace their original surname with that of the adopter, but must retain it in second position.

In recent years, however, constitutional and supreme court case law has reinterpreted this provision in a more flexible manner, emphasizing the right to personal identity and allowing broader discretion in the combination of surnames so as to reflect the actual family bond established.

In Judgment No. 135 of 4 July 2023, the Italian Constitutional Court declared Article 299, paragraph 1, unconstitutional insofar as it did not allow the adopter’s surname to be added, rather than strictly placed before the original surname, where both parties had expressly consented to that effect.

The Court thus recognized the judge’s duty to assess, on a case-by-case basis, whether adding the adopter’s surname to the original one better protects the adoptee’s personal identity, without rigidly limiting the solution to simple prefixing.

Subsequently, in Judgment No. 53 of 18 February 2025, the Constitutional Court clarified that the law still does not permit the complete replacement of the original surname with that of the adopter. The Court held that this legislative choice does not violate Articles 2 or 3 of the Italian Constitution, nor the constitutional protection of personal identity.

Lower courts have followed these principles, treating surname determination not as a mechanical civil registry formality, but as a matter closely connected to the authenticity of the emotional relationship and the identity function of the surname.

The Italian Supreme Court (Corte di Cassazione) has reinforced the substantive nature of adult adoption, requiring judges to verify the effective existence of the family bond and to evaluate the order and combination of surnames in accordance with the parties’ wishes and the adoptee’s best interest.

Accordingly, the current legal framework prevents the erasure of the original surname but allows, where consent is given, a configuration that highlights the bond with the adoptive family while maintaining a formal connection with the family of origin.

Available Surname Options in Adult Adoption

In light of this evolution, surname arrangements in adult adoption may be summarized as follows:

  • Prefixing the adopter’s surname: the traditional model under Article 299, paragraph 1, where the adopter’s surname precedes the original surname. Statistically, this is the most common solution handled by our law firm
  • Adding or placing the adopter’s surname after the original surname: permitted when this better reflects the adoptee’s personal identity and concrete family situation. For example, where the adoptee is married with children and the entire family is socially and professionally identified by the original surname, strict prefixing may create identity and practical complications. In such cases, we provide Italian and international legal arguments and supporting precedents to assist the court
  • No full replacement allowed: even with mutual consent, complete substitution of the original surname with that of the adopter is not permitted, as confirmed by the Constitutional Court

Inheritance and Financial Implications: Estate, Gifts and Forced Heirs

Inheritance after adult adoption: the adoptee becomes a forced heir with a reserved share of the adopter's estate, shared with the spouse and the other children; ordinary rules on abatement and collation still apply to gifts, and inheritance from the birth parents is unaffected

From a succession and financial perspective, adult adoption produces effects largely comparable to those of legitimate filiation under Article 565 of the Italian Civil Code, although with specific implications concerning forced heirship, collation, and fictitious estate calculation.

The adult adoptee acquires the status of a forced heir with respect to the adopter and participates—whether in intestate succession or reserved share succession—alongside the surviving spouse and any other children.

Conversely, the adoption generally has no impact on inheritance relationships with the adoptee’s family of origin, except in specific family configurations.

With regard to lifetime gifts (donations), transfers made by the adopter to the adoptee are subject to the ordinary rules protecting forced heirs, including reduction actions, collation, and fictitious estate calculation for determining the disposable portion. Adult adoption cannot therefore be used as a mechanism to permanently circumvent the reserved share rights of existing children or the spouse.

Disproportionate gifts in favor of the adoptee remain challengeable by injured forced heirs. Courts must assess, on a case-by-case basis, whether the combination of adoption and lifetime transfers results in an indirect depletion of reserved rights, potentially raising issues of abuse of rights or sham transactions.

Adopting the Adult Child of a Spouse or Partner

Adopting the adult child of a spouse or partner: adopter and adoptee consent in person, the adopter's spouse must give assent, the adult children of the adopter are heard, and the birth parents' assent is required if they are living

Adoption of a spouse’s or partner’s adult child represents the most typical family-oriented application of adult adoption, as it aims to legally recognize a caregiving relationship already consolidated in daily life.

Structurally, the adoptive filiation is added to the biological one without extinguishing it. As a result, the adoptee formally has two parental figures:

  • the biological parent
  • the adopting spouse or partner

From a procedural standpoint, this type of adoption requires:

  • the consent of the adopter
  • the consent of the adoptee
  • the assent of the adopter’s spouse
  • the assent of the adoptee’s spouse (or former spouse not legally separated)
  • the assent of the adopter’s adult children
  • the assent of the adoptee’s parents, if still living

The Ordinary Court with territorial jurisdiction based on the adopter’s residence must verify not only the statutory requirements but also whether the adoption is in the best interest of the adoptee. This assessment becomes particularly relevant in complex family situations, such as where meaningful relationships with the non-cohabiting biological parent still exist.

In practice, adoption of a spouse’s adult child is common in blended families. For example, where a husband has raised his wife’s child since adolescence and maintained a relationship of care and responsibility into adulthood, the adult child may seek adoption to consolidate legal status, align the surname (under Article 299 and relevant case law), and secure full inheritance protection.

Adoption of an Adult with Living Parents

Adult adoption where the birth parents are alive: personal and financial ties with them remain, the adoptee can inherit from both families, the birth parents' assent is required if living, the adopter is added and not substituted, and the reserved shares of the other children are not cut automatically; the original filiation is never extinguished

Adoption of an adult who still has one or both biological parents alive typically arises within so-called “variable geometry” families.

In such cases, the new parental bond does not replace but rather adds to the legal status derived from the original filiation.

The purpose is not to substitute the biological parent, but to legally recognize an additional emotional relationship—often long-standing—such as that of a social parent, close relative, or other significant figure.

Practically speaking, the adoptee will have a dual parental line, maintaining all personal and financial legal ties with their biological parents while adding a new legal relationship with the adopter.

From an inheritance perspective, the adult adoptee remains a forced heir vis-à-vis the biological parents and simultaneously becomes a successor (and often a reserved heir) with respect to the adopter, thereby expanding the range of individuals from whom inheritance rights may arise.

Importantly, there is no automatic reduction of the inheritance rights of the adopter’s other children or spouse, whose reserved shares remain protected under Italian forced heirship rules.

Adoption of a Foreign Adult

Adopting a foreign adult in Italy: the court grants the adoption and the decree is transcribed, the adoptee becomes a family member of an Italian citizen, obtains a family residence permit or an EU family residence card with stronger protection against removal, and may apply for citizenship after five years of lawful residence following the adoption

Adoption of a foreign adult by an Italian citizen has immediate consequences for residence status and, potentially, for citizenship, although it does not automatically grant citizenship as in the case of minor adoption.

Residence Permit for Family Reasons

Following the adoption decree and its registration, the foreign adoptee is recognized as a family member of an Italian citizen and may apply for a residence permit for family reasons or for a residence card as a family member of an EU citizen (currently the EU long-term residence permit).

This status is generally granted for a multi-year period (often five years) and provides significant stability, including limited grounds for expulsion except in serious cases. Adult adoption may therefore serve as a lawful means to regularize the immigration status of a foreign adult already integrated into the family unit.

Example: A 25-year-old foreign national who has lived for years with an Italian citizen who adopts him under Articles 291 et seq. of the Civil Code may, after registration of the decree, apply for a residence permit as a family member of an Italian citizen, overcoming previous situations of irregular or temporary status (such as short-term study or seasonal work permits).

Italian Citizenship

Regarding citizenship, reference is made to Article 9, letter b), of Law No. 91/1992, which provides for a shortened residence requirement for a foreign adult adopted by an Italian citizen.

The foreign adoptee may apply for Italian citizenship by naturalization after five years of legal residence following the adoption, instead of the ordinary ten-year period required for non-EU nationals without family ties to Italian citizens.

This is an accelerated path, but it remains discretionary and subject to verification of legal requirements, including absence of serious criminal convictions, social and economic integration, and sufficient income. Adoption does not automatically grant citizenship but opens a preferential channel.

Example: A 30-year-old foreign national adopted by an Italian citizen and legally residing in Italy under a family residence permit may apply for citizenship after five years of lawful residence following registration of the adoption, rather than waiting ten years. During the administrative review, the Prefecture will assess the authenticity of the adoption, the absence of abuse (such as purely immigration-driven adoptions), and the level of effective integration into the family and social context.

The costs of adult adoption in Italy: EUR 98 court fee to file the petition, EUR 27 stamp duty paid electronically, EUR 200 registration tax on the final decree, and legal fees quoted case by case

Adult adoption proceedings are generally not expensive compared to contentious court litigation.

The typical costs include:

  • Court filing fee (Contributo Unificato): €98
  • Administrative stamp duty: €27
  • Registration tax on the final decree: €200, payable at the conclusion of the proceedings
  • Attorney’s professional fees

In particular, the court filing fee and stamp duty are paid by the attorney on behalf of the client through the PagoPA electronic payment system. The digital receipt (RT file in .xml format) is then uploaded by the attorney when filing the petition electronically through the court system (SLpct software).

The registration tax is paid using the Italian F24 tax form.

Although legal representation is not formally mandatory in adult adoption proceedings, it is strongly recommended from the outset.

An experienced lawyer ensures that the petition is properly structured, that the legal grounds are correctly presented, and that any requests for additional documentation or clarification from the judge are addressed promptly.

Some individuals attempt to initiate the procedure without legal assistance in order to reduce costs. However, they often later find themselves compelled to retain a lawyer to handle practical and procedural issues, such as:

  • mandatory use of the Italian electronic civil procedure system (PCT)
  • management of formal legal notifications
  • preparation of supplementary or defensive written submissions at the judge’s request
  • electronic filing of additional documentation
  • communications with the court registry, which typically interacts directly with licensed attorneys through the electronic filing system

This situation frequently results in longer processing times and, ultimately, higher overall costs.

When an attorney takes over a case that was initially filed in paper form by the parties, the lawyer must reconstruct the file within the electronic system, access court records, and remedy any procedural deficiencies. This often leads to increased professional fees.

Legal fees vary depending on the complexity of the case and the activities required. However, it is possible to request a free and personalized fee estimate, without obligation, by completing the form on the CONTACT US page or by writing to support@studiopiemonte.com.

Revocation of Adult Adoption

Revocation of adult adoption is an exceptional remedy, granted only where the relationship has become intolerable: serious ingratitude, fraudulent use of the adoption, or irreversible breakdown; the adoptee loses the status of child and all inheritance rights

Revocation of adult adoption is an exceptional legal remedy, applicable only when continuation of the adoptive relationship becomes intolerable due to the seriousness of the circumstances that have arisen.

Revocation results in the termination of the adoptee’s legal status as a child and the loss of inheritance rights with respect to the adopter. If the adoptee is a foreign national, revocation may also affect the residence permit, since the family relationship that justified its issuance ceases to exist, unless independent legal grounds for residence remain.

Courts intervene only in particularly serious situations, generally falling into three main categories.

1. Serious Ingratitude or Harmful Conduct

Revocation may be requested where the adoptee engages in conduct that is gravely offensive or harmful toward the adopter, thereby fundamentally undermining the family relationship.

This may include:

  • physical assaults or threats
  • financial demands accompanied by undue pressure
  • crimes against the adopter’s property (misappropriation of funds, unauthorized sale of assets, etc.)

2. Instrumental or Fraudulent Use of Adoption

Revocation may also be sought where the adoption proves to have been used for purely instrumental or opportunistic purposes.

For example, where the adoptee:

  • accepts the adoption in order to obtain patrimonial advantages
  • uses the legal bond to secure a residence permit or administrative benefits
  • interrupts all contact once the intended goal has been achieved

3. Irreversible Breakdown of the Family Project

Even in the absence of criminal conduct, revocation may be ordered where the relationship deteriorates irreversibly and the underlying family project definitively fails.

This may occur in situations involving:

  • ongoing and severe family conflicts
  • aggressive civil litigation against the adopter
  • systematic obstruction of relationships with the adopter’s spouse or other children

Update of Documents Following Adult Adoption

Updating documents after an adult adoption decree: the registry office updates the record and issues the new identity card, the Revenue Agency reissues the tax code and health card, driving licence and passport are renewed with the new surname, and employer, bank and social security office must be told

Following the adoption of an adult, the court decree becomes effective and is recorded in the civil status registers, forming the legal basis for updating all the adoptee’s personal and identification documents:

  • identity card
  • tax identification number
  • driving licence
  • italian passport

In practice, after registration, the person concerned may take the following steps:

Apply to the Registry Office (Anagrafe) of the Municipality of residence or of AIRE registration (for Italian citizens residing abroad) in order to update personal records (surname, family status) and obtain a new identity card.

Request the update of the tax code/health card from the Italian Revenue Agency (Agenzia delle Entrate) or through its online services
Proceed with the replacement or updating of other personal documents (driving licence, passport, and any residence permit for foreign nationals) and notify the new surname to INPS (Social Security Institute), employer, banks, professional bodies and any institutions with which the adoptee maintains ongoing relationships

CONCLUSIONS

In this article, you have read a PRACTICAL GUIDE on adult adoption under current Italian law.

You have understood that adult adoption may allow you to formalize pre-existing emotional and family bonds, structure coherent succession planning, grant rights and duties similar to those of a natural child, and, in certain cases, obtain significant legal benefits at an administrative or civil registry level, such as a residence permit or surname modification.

Relying from the outset on a lawyer experienced in adult adoptions allows you to manage every stage of the procedure correctly and avoid errors that could compromise the outcome.

In many Italian courts, legal assistance is effectively required for compliance with electronic civil procedure rules, including formal service of documents, filing of written submissions, and electronic submission of additional documentation through the court system accessible only to registered attorneys.

Seeking legal assistance only after the procedure has already started may result in longer processing times and higher costs, since the lawyer will need to retrieve the paper file and reconstruct it within the electronic system, remedying any procedural irregularities.

I am Attorney Gianluca Piemonte, and together with Attorney Alessandra Scaffidi, we handle adult adoption proceedings before courts throughout Italy, relying on a nationwide network of trusted local collaborators.

The procedure is largely document-based, so your physical presence at our office is not required. We will manage the case electronically, and one of our local collaborators will accompany you to the court hearing scheduled for the formal expression of consent/assent.

Contact us to receive a fee estimate for adult adoption (we do NOT handle minor adoptions).

Our fee proposals are clear and transparent, and you may review them without any obligation.

We have already assisted many individuals in completing adult adoptions in Italy and will be pleased to assist you as well.

Write to us at support@studiopiemonte.com or complete the form on the CONTACT page.

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