Dall’affetto all’effetto giuridico: riverberi sistematici e successori del riconoscimento dei rapporti di parentela nascenti dall’adozione in casi particolari

This article explores the systemic implications of Italian Constitutional Court judgment no. 79 of 2022 concerning adoption in special cases, with particular focus on the succession rights of the adopted person and their legal status within the framework of inheritance law. Starting from the said decision, which recognised the right of the adopted person to be legally connected to the relatives of the adopter, the author examines how such judicial recognition of kinship ties contributes to reshaping the legal structure of so-called “mild adoption”, progressively aligning it with the model of full adoption.
This recognition not only reinforces the affective and relational dimension of the institution but also has a tangible impact on succession arrangements, raising significant interpretative questions regarding the application of Articles 304 and 567 of the Italian Civil Code. The essay thus highlights the normative inconsistencies resulting from case-law-driven adaptation, which—given its lack of systematic coherence—leaves unresolved critical issues, such as the continuing validity of the blanket reference contained in Article 55 of the Adoption Act.
Against this background, the analysis focuses on the systemic effects of conferring the legal status of child upon an adoptee in special cases and how such status influences their position in succession law, both with regard to direct inheritance rights against the adopter and to potential succession rights vis-à-vis the adopter’s relatives. The article ultimately brings to light the ongoing normative tensions concerning Articles 304 and 567 of the Civil Code, and argues that the transformation of the original structure of special-case adoption inevitably leads to the duplication of family lines within the legal framework of kinship and succession.