Italy’s constitutional court allows single adoption of foreign minors, ending a 40-year ban

Rome (AP) – Italy’s constitutional court ruled Friday that unmarried people could adopt foreign minors, ending 40 years of practice and setting a precedent that could allow Italian singles to be adopted from the country.
Friday’s court ruling declared unconstitutional, excluding singles from international adoption under 1983 Italian law, which allows only married couples to undergo international adoption.
According to Italy’s Supreme Court, the risk exclusion of singles undermines the “effectiveness of the child’s right to grow in a stable and harmonious family environment”.
The court’s ruling also reflects the concern among adoption advocates about the trends in international adoption in Italy over the past few years, as difficulties with couples completing adoption abroad and the high costs associated with the long process increased.
According to Italy’s International Adoption Commission, in the first semester of 2024, international adoption in the country fell 5.6% a year ago in the same period, down 14.3% from the same period in the first semester of 2022.
The Italian right-wing government, led by Prime Minister Giorgia Meloni, opposes the adoption of singles in court, but the country’s left-wing opposition was called a “historic turning point” by Friday’s ruling.
“This puts the rights of minors and the freedom of everyone’s self-determination first,” said Democratic lawmaker Alessandro Zan.
“Now, the Italian parliament must intervene, adapt to the current legislation and remove all ideological barriers,” Zan added. “We go further: this right must also be extended to gay couples.”
The ruling is effective immediately.
In October, the Meloni government approved new legislation that criminalized Italian citizens who went abroad to raise children, who went abroad through promogac y, a measure that was criticized by opponents as “mediterranean” and discriminated against same-sex couples.