Italy’s Constitutional Court ruled on Friday that the law preventing single-parent adoptions of foreign children is unconstitutional. The decision follows a 2019 request by Raffaella Brogi, an unmarried woman who sought a declaration of eligibility for international adoption.
The ruling concerns Article 29-bis, paragraph 1, of law number 184 of 1983, which excludes single-parent adoptions. The Court determined that this provision conflicts with Articles 2 and 117 of the Constitution, making it unconstitutional.
Article 2 guarantees inviolable personal rights, both individually and within social groups. It also mandates political, economic, and social solidarity. “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 that legislative powers must comply with the Constitution, EU law, and international obligations. “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.”
Ruling provides rights to apply
The Court confirmed that Italy is bound by the European Convention on Human Rights, particularly Article 8, which guarantees respect for private and family life. However, the ruling does not guarantee that a single person can adopt a child. Instead, it removes legal barriers preventing them from applying. Single applicants will still undergo assessments to determine the best interests of the child.
The ruling comes as Italy faces a sharp decline in adoption rates. The Court emphasised that allowing single parents to adopt serves the best interests of children. It ruled that blocking adoptions based on relationship status limits a child’s opportunity to join a loving family. The Court stated that having one parent is preferable to having none at all.
Italy also has ongoing discussions about same-sex parental rights.
