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Adoptions

 

Adoptions

Adoptions

International adoptions are ruled by Italian Law n. 183/84 and modified by Italian Law n. 476/98 for the “ratification and execution of the Convention for the protection of minors and cooperation in the area of international adoptions, made at the Hague on 29 May 1993” and by Italian Law n. 149 of 2001.

The principle purpose of the Hague convention is to establish guarantees so that an international adoption takes place in the best interest of the minor and in respect of the guarantees recognised at an international level, establish a cooperative framework between signature countries in order to ensure that these guarantees are completely respected and above all to prevent the phenomenon of subtracting and sale of minors. For all information relating to the procedure to adopt a minor please visit the website of the International Adoption Commission (Commissione per le Adozioni Internazionali) (www.commissioneadozioni.it).

Entry of a minor into Italy

In order to bring a minor into Italy, an adopted minor must hold an entry visa – “adoption”, which is to be inserted in a passport issued by the authorities of the country of origin of the minor. The authorisation from the International Adoption Commission in Italy is necessary in order for the consular – diplomatic representatives to issue the entry visa. The visa application will be finalized as promptly as possible in order to assist the parents. In any case the issue of a visa is subordinated to normal technical timeframes. 

In accordance with article 33 of Italian Law n. 184 of 1983 which was modified with Italian Law n. 476 of 1998, the Consular authority is not permitted by law to issue an entry visa to a foreign minor in the country where the adoption took place in the event the adoption was performed in contradiction with the legislation, and without the authorization from the International Adoption Commission.  Once the minor has entered Italy, the competent Police Station (Questura) will issue a permit of stay to the adopted minor.   

Acquisition of Italian citizenship by a minor

The adoption is concluded with a court order issued by the Courts for Minor Children who registers the adoption in the civil registers. The consequence of registration is that the minor becomes an Italian citizen (art. 34 paragraph 3 of Italian Law 476 of 1998).

Adoptions by Italian citizens residing abroad

An adoption proclaimed by a competent authority of another country for applying Italian citizens who at the time of the proclamation can demonstrate at least two years of residence, will have the adoption recognised by the Courts for Minor Children in every effect if in conformity with the principles of the Convention (article 36 of Italian Law n. 184 of 1983 modified by Italian Law n. 476/1998). The competent Court of Minor Children is the court that has jurisdiction over the area of last residence of the parents. In the event that it is impossible to establish the place of last residence in Italy, the competent court will be the Court of Minor Children in Rome.


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