Italian
A ruling that rewrites the history of family law and inclusion. The Constitutional Court overturns a ban that for decades has denied many people the possibility of welcoming a child in need.
ROME. With ruling no. 33, the Constitutional Court has knocked down a wall that had been resisting for too long: the exclusion of single individuals from international adoption is officially unconstitutional. This is a historic victory, one of those that mark an era and rewrite the right to parenthood in Italy, making it fairer, more just, more humane.
For years, article 29-bis of law no. 184 of 1983 denied individuals the possibility of offering a future to those foreign minors in a state of abandonment. A prohibition that now clashes with the fundamental principle of social solidarity and with the right of every child to have a stable and harmonious environment in which to grow.
“The declared illegitimate discipline disproportionately restricted the aspiring parent’s interest in making themselves available for an institution, such as adoption, inspired by a principle of social solidarity for the protection of the child.”
The Court stated it clearly: this exclusion is contrary to Articles 2 and 117 of the Constitution, as well as Article 8 of the European Convention on Human Rights.
“The interest in becoming parents, even if not claiming a right to adopt, falls within the individual’s freedom of self-determination and should be taken into consideration, along with the multiple and primary interests of the child, in assessing the reasonableness and proportionality of the choices made by the legislator.”
The message is strong and clear: the desire to become a parent is not a whim, but a right that falls within the freedom of self-determination of the individual. This does not mean that adoption should become automatic, but that every prospective parent should be evaluated based on their ability to raise, educate, and support a child, regardless of their marital status.
“The Court has therefore noted that individual persons are in principle suitable to provide a stable and harmonious environment for a child in a state of abandonment, with the understanding that it is then up to the judge to ascertain concretely the emotional suitability of the aspiring parent and their ability to educate, instruct, and support the child.”
And not only that: the family network of reference becomes a fundamental element of evaluation, recognizing that love and stability are not exclusive prerogatives of the traditional family.
The paradox that this sentence dismantles is that of a system in which adoption requests are decreasing, while the number of children, especially foreigners, in search of a family remains high. For too long, an absolute ban has been imposed that, instead of protecting children, has left them without a home, without affection, without prospects.
“In the current legal-social context characterized by a significant reduction in adoption requests, the absolute ban imposed on single individuals risks negatively affecting the effective right of the child to be welcomed into a stable and harmonious family environment.”
Now justice has spoken, reminding us that the true focus of adoption should not be the “ideal” family structure, but the well-being of the child.
This verdict is more than a legal victory: it is a statement of civilization, a bastion of progress in a country that too often takes refuge behind outdated schemes.
Today, individual people who will finally be able to welcome a child win, children who will have greater opportunities to find a family win. But above all, rights win, confirming themselves as a tool of inclusion and not exclusion.
And it’s not just a sentence: it’s a step forward for a fairer and more humane Italy.
