ROME – In a landmark verdict on Friday, Italy’s Constitutional Court cleared the path for unmarried individuals to adopt foreign minors, effectively overturning a four-decade-long ban on such adoptions. This ruling has set a new precedent that may eventually allow Italian singles to adopt domestically as well.
Previously, an Italian law established in 1983 had restricted international adoptions to married couples only. However, the court found this exclusion of single adopters to be unconstitutional, recognizing that it could jeopardize “the effectiveness of the child’s right to grow up in a stable and harmonious family environment.”
Adoption advocates have expressed concern over Italy’s declining rates of international adoptions in recent years. This decline has been attributed to the increasing obstacles couples face when completing adoptions abroad, coupled with the high costs involved in the prolonged adoption processes. Statistics from Italy’s international adoption commission revealed a 5.6% dip in international adoptions during the first half of 2024 compared to the same period in the previous year, and a 14.3% decrease since the first semester of 2022.
The ruling was not without controversy. Premier Giorgia Meloni’s right-wing government had opposed the idea of singles adopting children in court. Nonetheless, Italy’s center-left opposition warmly welcomed the decision as a “historic turning point,” with Democratic Party lawmaker Alessandro Zan stating that it prioritizes the rights of minors and the self-determination freedoms of individuals. Zan, who advocates for the parenting rights of singles and LGBTQ+ couples, remarked that, “The Italian parliament must now intervene to adapt existing legislation and dismantle ideological barriers. It’s time to extend these rights to gay couples as well.”
The court’s decision is now in force. Just last month, the Meloni government had ratified new laws criminalizing Italian citizens who engage in surrogacy abroad, a move critics have decried as “medieval” and discriminatory against same-sex couples. The evolving landscape of parenting rights in Italy thus appears to be at a significant crossroads, with ongoing debates about inclusivity and individual rights.
