On 11 March 2026, the Italian Senate gave final approval to the DDL Affidi, the bill on the protection of children in foster care. This is a government-initiated reform promoted by the Minister of Justice Carlo Nordio and the Minister for the Family Eugenia Roccella.
The National Register of Foster Families
The most notable innovation is the establishment of a national register of foster families, institutions and public-assistance communities, which will be administered by the Department for Family Policies. The aim is to ensure greater transparency and oversight of foster-care placements.
The principle of the best interests of the child
The law is founded on the principle of the best interests of the child and seeks to guarantee children's right to grow up within their own families. Removal from the family home must be a last resort, after all possibilities of support for the family of origin have been exhausted.
The debate on equal shared parenting
Alongside this, DDL 832 on equal shared parenting — proposed by 14 senators of the majority — remains under discussion. The bill provides that the court shall order joint custody with equal residence in both parents' homes. It is the subject of a heated debate between those who consider it an advancement of parental rights and those who fear it may reduce protection for children in situations of family conflict.
Recent case law: the child's voice matters
The Court of Asti, in judgment No. 203 of 8 April 2025, reaffirmed the centrality of the child's wishes in custody proceedings, ruling that in cases of super-exclusive custody the child's wishes cannot be overridden by the judge.
Sources: ANSA, Il Sole 24 Ore - Alley Oop
