ITALY Trends and Developments Contributed by: Guglielmo Maisto, Marco Cerrato, Alessandro Bavila and Stefano Tellarini, Maisto e Associati
respect of indirectly participated subsidiaries. The application of that rule previously raised significant practical issues in case of contribution of participa - tions in holding companies. Decree 194/2024 has reduced the case where such strengthened test shall be verified, thus broadening the scope of the “tax neu - trality” regime. Italian Family Law in 2025: Two Constitutional Judgments Redefining Parenthood Adoption of children by non-married individuals In 2025, the Italian Constitutional Court issued two landmark decisions that marked significant progress in family law, particularly concerning non-traditional family structures. In Judgment No 33 of 21 March 2025, the Court declared Article 29bis, paragraph 1, of Law No 184 of 1983 (the Adoption Law) unconstitutional, insofar as it precluded single individuals from adopting children residing abroad who are in a state of abandonment. The Court determined that the exclusion was incom - patible with Articles 2 and 117 (1) of the Constitu - tion, the latter read in conjunction with Article 8 of the European Convention on Human Rights. In its view, Article 29-bis imposed an undue and disproportionate limitation on the interest of singles in making them - selves available for adoption – an institution grounded in social solidarity and aimed at protecting the child. According to the Constitutional Court, although the desire to become a parent does not confer a right to adopt, it nonetheless forms part of an individual’s right to self-determination and must therefore be consid - ered and balanced against the best interests of the child when evaluating the reasonableness of legisla - tive choices. Building on this reasoning, the Court concluded that singles are, in principle, capable of providing a stable and supportive environment for a child in need. How - ever, actual suitability must be assessed by a judge on a case-by-case basis, in collaboration with social services. This assessment should take into account the prospective parent’s emotional maturity, moral and financial stability, and the presence of a broader sup - port network.
The judgment removes a long-standing legal barrier and marks a significant step toward greater inclusivity in international adoption. Single applicants are now permitted to petition the court for a declaration of suit - ability – the first formal step in the adoption process. Once granted, this declaration allows them to move forward through one of the forty accredited agencies authorised to manage international adoptions. That said, issues remain to be resolved in the near future. Most notably, the ruling exclusively applies to inter - national adoptions, meaning that single individuals remain barred from adopting children residing in Italy. This distinction has drawn criticism from legal schol - ars and practitioners, who view it as an arbitrary and unjustified disparity – raising concerns about incon - sistency within the law and potential discrimination based solely on a child’s country of residence. Same-sex couples’ children In Judgment No 68 of 22 May 2025, the Court addressed the case of a same-sex female couple who had conceived a child through heterologous medically assisted reproduction (MAR) abroad. The child was born in Italy, and both women had given prior consent to the procedure and jointly assumed parental respon - sibilities. Nevertheless, the public prosecutor sought to remove the non-biological (intentional) mother’s name from the birth certificate, invoking Article 8 of Law No 40/2004, which assigns legal motherhood exclusively to the birth mother. The Court held this provision unconstitutional in cases where both women had lawfully consented to MAR. Denying legal recognition to the intentional mother, it ruled, violates multiple constitutional provisions as it undermines the child’s personal identity and legal security (Article 2), creates irrational discrimination between children born in Italy and those born abroad, where dual motherhood is often recognised (Article 3), and deprives the child of the rights and protections stemming from full parental responsibility (Article 30). The Court emphasised that once both partners have jointly embarked on a parental project through MAR, neither may later withdraw from the obligations it entails. Denying automatic legal recognition to the intentional mother places the child in legal limbo,
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