Adoption by Single Individuals in Italy: Historical Development, Legal Evolution, and Comparative Perspectives with the Spanish Legal System

Abstract

This article examines the historical and systematic evolution of adoption law in the Italian legal system, with particular reference to single individuals, from the Civil Code of 1865 to Constitutional Court judgment no. 33 of 2025. It explores the gradual overcoming of the paradigm of the heterosexual married couple as the exclusive model of adoptive parenthood, through an analysis of legislative reforms (Law no. 431/1967, Law no. 184/1983, Law no. 149/2001, Law no. 476/1998, Law no. 173/2015) as well as constitutional and European case law. The article also offers a comparative perspective on the Spanish legal system, which has long allowed adoption by single individuals and has further expanded access through the reforms of 2005 and 2015. It highlights the remaining inconsistencies within the Italian framework – particularly the discrepancy between domestic and international adoption, as well as the exclusion of same-sex couples and unmarried partners – and advances proposals de iure condendo aimed at strengthening the centrality of the child’s best interests.