Family Foster Care in the Italian-Swiss Border Region: Competent Authorities (cross-border guide)

Context

In short, the adoption or foster care procedure for a frontier family is governed by the New Frontier Agreement, which was signed on 23 December 2020 and entered into force on 1 January 2024. The agreement applies to cross-border couples, i.e. those who have a marital relationship and one of the partners is resident in one of the two States (Italy or Switzerland). The procedure is governed by Italian and Swiss laws, and involves a series of steps, including the assessment of the capacity and propensity of both partners to maintain a family and an adequate environment for the child or childhood to be adopted or affibitar.

Concrete examples with real numbers show that Switzerland has one of the highest adoption rates in Europe, with around 20 children adopted every year for every 100,000 inhabitants. Italy, compared to this, has a lower adoption rate, with about 9 children adopted every year for every 100,000 inhabitants.

The adoption or foster care procedure in Switzerland is more flexible than in Italy. For example, border crossers may adopt or entrust their child remotely, if the child was born or adopted abroad. In Italy, on the other hand, distance is not allowed for adoption.

Border workers must also agree with their bank and family doctor before adopting or entrusting their child. Switzerland offers a range of tax and social incentives for adopters and cross-border caregivers, such as reduced VAT and

Operational details

The adoption or foster care procedure for a border family is governed by Italian and Swiss law. In Italy, the tax credit is applied against the donation of goods and services for the procedure, while Switzerland withholds the tax at source only for border workers.

For example, in Ticino, the Office of Labour and Social Policies (OLPS) is the competent body for family assistance that wants to adopt a border child. The OLPs is responsible for providing information, guidance and support in the adoption process.

According to 2019 data, 1,358 cross-border child adoptions were registered in Switzerland. Most of these, about 60%, took place in Ticino.

An operational checklist could include:

1. Request information from the OLPS of the place of residence of the family you want to adopt. 2. Submit regulatory requirements for border adoption in Italy (which?) and Switzerland (which?). 3. Request a visit to assess the suitability of the family to host the child. 4. Submit photocopy of identity and property documents. 5. Submit a social support plan.

A comparison between the two practical scenarios could lead to:

1. Differences in regulatory requirements (which?). 2. Differences in waiting times for the adoption procedure (which ones?). 3. Differences in costs incurred (which ones?).

To avoid mistakes and complications, it is important to follow all procedures carefully and bring

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Key points

Adoption and foster care for a border family require the necessary authorisation and cooperation from the competent courts and offices in Italy and Switzerland. The procedure can be supported by a lawyer specialized in family law to ensure a correct application of the regulations and a correct management of the process.

In Italy, adoption and foster care procedures are based on the rules contained in the Family Code and the judicial system. To initiate the procedure, the border family must make a request to the competent court, usually depending on the residence or residency of the adoptive or foster person. For example, in the case of a request for adoption in Lombardy, the border family will submit the request to the court of Milan.

In Switzerland, the adoption and foster care procedure is based on the rules contained in the Family Code and the judicial system. To initiate the procedure, the border family must submit a request to the competent cantonal court, usually depending on the residence or residence of the adoptive or foster person. For example, in the case of a request for foster care in Ticino, the border family will submit the request to the cantonal court of Lugano.

Once the request has been submitted, the court will proceed with the first round of verifications and evaluations. This could include assessing the adequacy of the context

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