Top Italy court holds adoption law excluding single-parents unconstitutional – JURIST
The Italian Constitutional Court held Friday that the law barring single-parents from adopting foreign children is unconstitutional. The matter was referred to the top court following the 2019 request from an unmarried woman, Raffaella Brogi, who approached the juvenile court to seek a declaration of eligibility for international adoption of a minor.
The Court’s holding concerns Article 29-bis, paragraph 1, of law number 184 of 1983, which excludes single parents from consideration in the adoption process. The Court determined that this law is unconstitutional on account of its conflict with Articles 2 and 117 of the Constitution.
Article 2 expressly states: “The Republic recognises and guarantees the inviolable rights of the person, both as an individual and in the social groups where human personality is expressed.” The Republic expects that the fundamental duties of political, economic and social solidarity be fulfilled.” Article 117 states: “Legislative powers shall be vested in the State and the Regions in compliance with the Constitution and with the constraints deriving from EU legislation and international obligations.”
The Court also confirmed that Italy is bound by the European Convention on Human Rights, and particularly, Article 8 related to the right to “respect for private and family life.” The Court clarified that this decision is not to be taken as a guarantee for an individual to adopt a minor. Instead, it represents an opportunity to express the freedom of self-determination in choosing to begin the adoption process and not having an individual’s relationship status impede their decision to have a family. They will however still be subjected to the usual evaluation of the interests of the child before being granted the ability to adopt.
This decision comes in the wake of a rapid decline in adoption rates in Italy, with the Court determining that it is in the interest of the minors to be adopted. In the Court’s view, limiting the eligibility of an individual to adopt based on their relationship status impedes the children’s quality of life and ability to assimilate into a loving family environment. According to the Court and in considering the benefit to the child, it is undeniable that having one parent is considerably better than the alternative of having no parental figure whatsoever.
