The Constitutional Court’s ruling opening to international adoptions by singles is of recent days. A decision described by many as “epoch-making,” on an issue that has always divided public opinion and politics.
On the subject, we interviewed Paolo Briziobello, an accountant from Turin who has been involved in international adoptions for more than 30 years, not only from a fiscal point of view, but also in the institutional sphere. Here is his commentary on the Consulta’s historic pronouncement.
Dr. Briziobello, what do you think about the Constitutional Court ruling opening international adoptions to singles as well?
“The Constitutional Court’s ruling No. 33/2025, recognizing in Italy the right of single people to adopt foreign children in a state of abandonment, is of historic significance.”
Why do you consider this a historic decision? Can you explain further?
“There will be time to analyze the historical, cultural and sociological excursus that the Constitutional Council reconstructed in great detail in its ruling. However, it is certain that, once again, the supreme constitutional body had to intervene to remedy norms of our legal system that were declared unconstitutional. In this case we are talking about Article 29 bis, paragraph 1 of Law 184/1983, which, from its origin, expressed ideological and cultural convictions that conflicted with the principle of the “supreme interest of the child.”
A principle that, not surprisingly, is also enshrined in the 1990 New York Convention on the Rights of the Child and the 1993 Hague Convention on Adoption. The goal is always the same: to ensure a family for those who do not have one.”
It is precisely on the concept of “family” that the first distinctions are registered. What is your point of view?
“The concept of “family” is constantly evolving, and its sociological definitions have also changed over time. The debate on this issue has never excluded the issue of adoption, especially international adoption. It is good, then, that this ruling of the Constitutional Court opens up new avenues. What is needed now, however, is a practical intervention that accelerates the concrete application of international adoption by unmarried persons, overcoming the limits imposed so far by the Civil Code.”
What is needed, concretely, for this opening to become a reality?
“We need to rationalize the entire operational pathway in a short time. Starting with the rules governing the issuance of the decree of eligibility by the Juvenile Courts, and then reorganizing the entire system of international adoptions. This concerns both Italian actors – I am thinking of the Intercountry Adoption Commission and the Authorized Bodies, which are going through a moment of deep crisis due to restrictions imposed by some foreign states and post-pandemic difficulties – and foreign relations.
What is needed is a reevaluation of bilateral conventions and treaties between Italy and the states of origin of children. Indeed, it should be remembered that not all countries with which Italy has agreements provide for the possibility of adoption by singles.”
Is there a message you would like to add, to close this reflection?
“I confirm my satisfaction with a ruling that expands the right of the child to have a family understood as a “stable and harmonious environment.” This is the principle of the so-called “foyer stable et harmonieux,” already stated in Article 8(2) of the 1967 Strasbourg Convention.
I want to emphasize that this expansion of rights should be read exclusively in a positive light: the fundamental right of children to have a family and the right of individuals to realize their desire for parenthood should not be interpreted as restricting the rights of others, as unfortunately we are already beginning to read somewhere.
There is still much to be done, but this ruling represents the first step toward new paths to adoption and parenting. Not to mention that the decision concerns international adoptions and does not extend, at least for now, to domestic ones.”
Article Adoptions open to singles: ‘A historic ruling’. Interview with Paolo Briziobello comes from TheNewyorker.
