A historic turning point in adoption law comes from the Constitutional Court, which, with ruling 33 dated March 20th, 2025, declared Article 29-bis, paragraph 1 of Law 184/1983, unconstitutional in so far as it excluded single individuals from the possibility of adopting foreign minors residing abroad (check out the offical communication from the Constitutional Court).
The Court, taking into account the best interests of the child, established that single parents can access the same adoption procedures as married couples, who were previously the only ones allowed to apply for international adoption.
Furthermore, the Court believes that “in the current legal and social context, characterized by a significant reduction in adoption applications, the absolute ban imposed on single individuals risks negatively impacting the actual effectiveness of the child’s right to be welcomed into a stable and harmonious family environment.”
The decision follows a question of constitutionality raised by a judge of the Court in Florence, who emphasized that that family harmony does not necessarily require the presence of a married couple.
Once the application is submitted, it will still be the judge’s function to verify the actual parent’s suitability.
This article was written by Giuditta De Ricco and Greis Muca.
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