Adozioni internazionali e adozioni straniere: casi di confine in tema di riconoscimento dei provvedimenti stranieri di adozione

With respect to a foreign adoption that seeks recognition in the domestic legal system, the fundamental question arises as to whether it should qualify as a properly “foreign adoption” or as an “international adoption”: while in the former case, the rule of automatic recognition applies and, in the event of a dispute, the competence for recognition lies with the Court of Appeal, which is called upon to assess whether the measure is not contrary to international public order; in the latter case, the Juvenile Court is competent to assess whether or not the special provisions of Law n. 184/1988 have been complied with. From a “black letter” law perspective, the answer appears sound: it is an “international adoption” when the applicants are persons residing in Italy or Italian citizens residing abroad and the adopting child is a foreigner. However, in practice, numerous hypotheses arise with uncertain boundaries. The essay analyses such cases in detail and attempts to offer reasoned solutions.