The Italian Constitutional Court has recently ruled that the country’s adoption law, which precludes single parents from adopting foreign children, is unconstitutional. This decision stems from the 2019 case initiated by an unmarried woman, Raffaella Brogi, who sought approval from the juvenile court for international adoption eligibility. In its landmark ruling, the Court targeted Article 29-bis, paragraph 1, of law number 184 of 1983, highlighting its incompatibility with Articles 2 and 117 of the Italian Constitution. The complete ruling can be accessed here.
Article 2 of the constitution ensures the inviolable rights of persons, emphasizing social solidarity, while Article 117 mandates legislative compliance with the constitutional framework and international commitments. This ruling underscores Italy’s adherence to the European Convention on Human Rights, specifically Article 8, which concerns the right to respect for private and family life.
The Court’s decision, while pivotal, does not guarantee adoption but rather emphasizes the right to initiate the process. Prospective adopters must still undergo a comprehensive evaluation to ensure the child’s best interests are prioritized. The decision arrives amidst declining adoption rates in Italy, with the Court suggesting that restricting adoption eligibility based on relationship status adversely affects minors’ prospects of living in nurturing environments. Ultimately, the ruling posits that even a single parent is preferable to a child remaining without familial care. Learn more about this legal development on JURIST.