If an Italian citizen adopts a foreign child, the child may become an Italian citizen (pursuant to art. 3 L. 91/92). It is the Italian parent’s responsibility to request that the adoption is correctly registered in Italy.
Adoption declared abroad on the application of Italian citizens who have resided in that foreign country continuously for two years is recognized in Italy, provided the conditions set out in The Hague Convention on the Protection of Children and Cooperation in respect of Intercountry Adoption 1993 are met (Article 36, Law 184/1983). The Italian Family Court (referred to as Tribunale dei Minori in Italy) that has jurisdiction over the process is usually the one of the adopting couple’s last known residence. If it is not possible to establish the last known place of residence, it automatically falls within the jurisdiction of the Family Court in Rome.
To have your overseas adoption recognized in Italy you may either apply directly at the Family Court, or you can make an appointment at this Consulate General, provided you live within this Consular jurisdiction and your AIRE registration is up to date. Please email statocivile.newyork@esteri.it to make an appointment. Please note that both adopting parents must be present and they must bring their valid passports. During the appointment, you will submit your original documents. Consular fees may apply if one of the adopting parents is not an Italian citizen. The following documentation MUST be submitted on the day of the appointment:
- Adoption Recognition Request Form
- original adoption Court Order issued by the Family Court, legalized by Apostille issued by the Secretary of State of the US State where the Court has its seat
- a sworn translation of the adoption Court order done by a professional translator who must also issue a bilingual Certificate of Accuracy. Please check this link for a list of translators (this list is purely for reference and the Consulate is in no way responsible for the quality of their work or the fees they charge).
- the birth certificate of the adopted child, issued after the adoption was declared. The certificate must bear the names of both adopted parents and must be legalized by Apostille in the State where it was issued and translated into Italian by a professional translator. PLEASE NOTE: if possible, you must also submit the original birth certificate issued prior to the adoption being finalized, apostilled and translated into Italian.
- A money order payable to Consolato Generale d’Italia a New York to cover any applicable consular fees. Check consular fees here.