Adoption

You can download our checklist for preparing an adoption here.

Adoptions occur in various forms:

Often one partner often wants to adopt the other partner's child so that both become joint parents of the child (so-called stepchild adoption). This is only possible if the partners are married or in a registered civil partnership.

If a couple wishes to jointly adopt another person's child, this is currently only possible if the couple is married. In the case of registered civil partners, joint simultaneous adoption is not possible. However, they can adopt the child successively through two individual adoptions, which leads to the same result. Alternatively, they can have their civil partnership converted into a marriage and then adopt the child jointly.

A person who is not married can only adopt a child alone.

With regard to the other requirements and effects of an adoption, a distinction must be made between the adoption of children (adoption of minors) and adults (adoption of adults):

The following applies to the adoption of minors:

An adoption always requires a notarized application from the child (adoptee) and the adoptive parents or adoptive parent (adopter). If the child is under the age of 14, the legal representative acts on behalf of the child. From the age of 14, the child decides for themselves and also requires the approval of their legal representative. In addition, the current parents (usually the biological parents) must also give their consent. It is no longer necessary for the spouse of the adopted child to give their consent if the child is already married. This is the result of a corresponding amendment to the law in July 2017.

In the case of a stepchild adoption, a family relationship is established with the adoptive mother or father and their relatives and the family relationship with the biological mother or father and their relatives ceases. The relationship to the other parent naturally remains, i.e. to the remaining mother or the previous father.

In all other cases (apart from stepchild adoption), the following applies: An effective adoption results in the child's relationship to all of its previous relatives being terminated, i.e. to both the mother and the father and to all of the parents' relatives. The only exception is if close relatives (grandparents, siblings, uncles, aunts) adopt the child. In this case, the child's relationship only ceases to exist with its previous mother and father; the other family relationships remain in place.

The following applies to adult adoption:

Here too, a notarized application from the “adopted child” (adoptee) and the adoptive parents or adoptive parent (adopter) is always required. In the case of stepchild adoption, the spouse/partner of the adopter (i.e. the remaining parent) must also give their consent. In contrast to the adoption of a minor, the spouse/life partner of the adopter (the “adopted child”) must also give their consent if the adopter is married or in a civil partnership.

However, the previous (biological) parents - unlike in the case of the adoption of a minor! - do not have to give their consent. However, the family court may refuse the adoption if it is against the interests of the biological parents. This is the case, for example, if the natural parent has paid maintenance to the child and the adoption means that the child loses its status as a potential debtor. 

Adult adoption generally only has “weak” effects. This means that the adopter and the “adopted child” are related to each other, but the “adopted child” is not related to the other relatives of the adopter. In addition, the relationship of the “adopted child” to the previous parent remains; the “adopted child” may therefore have two mothers or two fathers. Exceptionally, however, the adult adoption can also have “strong” effects upon application. This is particularly possible if the “adopted child” has already lived with the adopter as a minor child or if it is a stepchild adoption.

To prepare for your adoption, please provide us with the following information:

• Name, address and date of birth of the adoptee (the adopted child)
• Name, address and date of birth of the biological parents
• Name, address and date of birth of the adopter(s) (the adoptive mother and/or the adoptive father)
• Name, address and date of birth of any spouses (including divorced spouses) of the adopter and adoptee
• Name, address and date of birth of any children of the adopters and adoptee
• In the case of adult adoption: description of the shared life history of the adopter and adoptee, from which the parent-child relationship arises

The following documents are also required for both types of adoption. If possible, please obtain the documents before the notarization date so that we can submit the application to the court immediately.

The following documents are required from the adopter (the adoptive mother/adoptive father):

Birth certificate

Marriage certificate (if married)

Registration certificate

Medical certificate

Police clearance certificate

The following documents are required from the adopter (adopted child):

Birth certificate

Marriage certificate (if married)

Registration certificate

Medical certificate

Additionally in the case of underage stepchild adoption: Certificate of counseling provided by the adoption agency

However, the certificate is not required if the adopting parent and the other parent were already married at the time of the child's birth!