How does one adopt the child of a spouse, registered partner, or cohabitant?

Do you want to adopt your spouse’s child, civil union partner’s child, or cohabitant’s child? This guide outlines the legal procedures in Italy (2025), distinguishing between the adoption of minors (L. 184/83, ‘particular cases’) and adults (Civil Code). Explains the requirements, necessary consents (including the adoptive parent’s children), and the effects of adoption.

In Italy, adoption laws allow individuals to adopt the biological or legally adopted child of their spouse, civil partner, or long-term cohabitant. This form of adoption, known as stepchild adoption (adozione del figlio del partner), has specific legal procedures and significant consequences—particularly when it comes to Italian inheritance law and estate planning.

Eligibility and Legal Requirements

To pursue adoption of a partner’s child, certain criteria must be met:

• The couple must be married, in a registered civil partnership, or have a stable, long-term cohabitation arrangement.
• The biological parent must consent to the adoption.
• Consent is also required from the child (if over 14), or the child’s opinion must be considered (if over 12).
• Any other legal guardians or the child’s second biological parent must also give their approval.

Judicial Authorization

The process requires judicial approval. The court will evaluate whether the adoption is in the best interest of the child, considering family stability, emotional bonds, and future well-being. Once approved, the adoption creates a legal parent-child relationship between the adopter and the child, equal to that of a biological parent.

Inheritance and Succession Rights

This new legal relationship has crucial implications for inheritance in Italy:

• The adopted child becomes a full heir of the adoptive parent under Italian succession law.
• In the event of the adoptive parent’s death, the child is entitled to their legittima (reserved share) under Italian inheritance law, just like a biological child.
• The adoption must be taken into account during Italian estate planning, particularly for mixed families and international households.

For US citizens inheriting property in Italy or selling inherited property in Italy, these succession rules are especially significant. The adopted child may inherit Italian real estate, requiring navigation of probate in Italy and potential Italian estate tax obligations.

Impact on Parental Rights

The adoption does not sever the legal relationship between the child and their biological parent. Instead, it creates a second legal parent, resulting in:

• Equal parental responsibility between both legal parents.
• Full rights and duties in matters such as education, health, and welfare.

Practical Considerations
Before initiating the adoption, consider the following:

• Involve a family lawyer specialized in Italian succession law or inheritance tax Italy to align your adoption with broader estate planning goals.
• Clarify any cross-border issues, particularly if foreign nationality, such as US citizenship, is involved.
• If the adoption includes the potential transfer of property, evaluate the Italian estate tax and reporting duties.

Donations and Transfers

Sometimes, donation in Italy is used to transfer property between family members as part of inheritance planning. However, donation and adoption are treated differently under the law:

• Donations may be subject to separate tax treatment and do not grant automatic heir status.
• Adoption, on the other hand, guarantees full succession rights under Italian inheritance law.

VGS Family Lawyers is a law firm that specializes in family law matters such as inheritance, separation and divorce, child custody, and more.

In case you need assistance, please write to: info@vgslawyers.com.