San Marino or foreign nationals residing in San Marino who wish to adopt one or more children shall submit their application to the Law Commissioner, specifying their willingness, as well as family-related and personal reasons underlying their application for adoption and demonstrating that they fulfil the requirements laid down by law.
Under Law no. 49 of 1986 “Reform of family law”, the married couples or single persons meeting the following requirements are allowed to adopt:
a) having attained 25 years of age;
b) being able to educate, support and take care of the children they wish to adopt;
c) the difference in age between the adopters and the adoptees is not less than 18 and not more than 45.
It is important to consider that in the case of intercountry adoption further criteria may be laid down by the Authorities of the States of origin of the children.