The adoption of a foreign minor pronounced abroad can only be transcribed in Italy with the prior recognition of its validity by the competent juvenile court, which must verify the existence of the requirements set forth in Article 35 of Law 184/1983.
The competent Juvenile Court is that of the couple’s last place of residence or, if it is not possible to establish what the last place of residence was, that of Rome.
A foreign minor adopted by an Italian citizen automatically acquires Italian citizenship if the adopter is exclusively an Italian citizen, or an Italian citizen with dual citizenship who has been resident in Italy for at least two consecutive years prior to the adoption, or if the adopter has a parent who is exclusively an Italian citizen.
If the requirements for automatic acquisition are not met, the parents may apply for their child to be recognized as a citizen by operation of law (if the requirements are met). In this regard, please refer to the section of the website relating to birth registration.
The application for recognition of adoption can be submitted by the parents directly to the Court or, if they are residents of this consular district and are duly registered with the AIRE, through this Consulate General, by appointment, agreed upon by sending an email to statocivile.miami@esteri.it, to deliver the documentation and pay the consular fee for the authentication of the signature if one of the parents is a foreign national (Art. 24 consular fee).
Both adoptive parents must be present at this appointment, with valid passports and the following documentation:
- Application for recognition of the judgment;
- Substitute declaration;
- Certified copy of the adoption judgment issued directly by the court, legalized with an Apostille issued by the Secretary of State of the US state where the court is located;
- Certified copy of the final judgment issued directly by the court, legalized with an Apostille issued by the Secretary of State of the US state where the court is located
- Italian translation of the judgment and final judgment. The translation must be done by a professional translator who must issue a bilingual certificate of accuracy (Certificate of Accuracy);
- Original birth certificate issued after the adoption, showing the names of the adoptive parents, legalized with an Apostille from the US state of issue. Please note: if available, it is also useful to submit the original pre-adoption birth certificate, also duly legalized and accompanied by an Italian translation;
- Italian translation of the birth certificate.
Please also note that Article 36, paragraph 4, of Law No. 184/83 requires Italian citizens who are adopting to prove that they have resided continuously in the country where the adoption was granted and that they have been resident there for at least two years.