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Adoption of a Child in Germany

German Laws About Child Adoption

The legal framework for adoption in Germany is based on several key pieces of legislation, including the German Civil Code (BGB), the German Adoption Placement Act (AdVermiG), the Hague Convention on Adoption and the German Youth Welfare Act (KJHG).

• German Civil Code (Bürgerliches Gesetzbuch, BGB): The BGB contains the main provisions for domestic adoptions, including the legal relationship between the child and adoptive parents. The adoption laws are found primarily in Sections 1741–1766 of the BGB.
• Adoption Placement Act (Adoptionsvermittlungsgesetz, AdVermiG): This law regulates the procedures for domestic and international adoptions, ensuring that placements are handled professionally and ethically.
• Hague Adoption Convention: This international treaty applies to intercountry adoptions and ensures proper safeguards are in place for the protection of the child. Germany has been a signatory since 2002.
• Youth Welfare Act (Kinder- und Jugendhilfegesetz, KJHG): This act lays out the responsibilities of the Youth Welfare Office in overseeing adoption processes and providing child protection.

There are two main types of adoption in Germany: domestic adoption, the adoption of children resident in Germany, and intercountry adoption, the adoption of children from other countries by German residents, subject to international regulations.

The adoption process in Germany is quite detailed and involves several steps:

1. Initial enquiry: Prospective adoptive parents must contact their local child welfare office or an authorised adoption agency. These agencies will provide information on the procedure and legal requirements.
2. Application: Adoptive parents need to make a formal application. This includes providing personal documents such as proof of income, health records and character references. A home study will also be carried out by the child welfare office to assess the suitability of the parents.
3. Preparation and counselling: Adoptive parents are required to attend counselling and preparation classes. These sessions help to ensure that they understand the responsibilities of adoption and can properly care for the child.
4. Matching: Once approved, adoptive parents are placed on a waiting list. The matching process is carefully managed to ensure that the best interests of the child are paramount.
5. Trial period: After the child is placed with the adoptive family, there is a trial period (usually one year) during which social workers closely monitor the family to ensure that the adoption is successful.
6. Finalisation: If the trial period is successful, the adoption is finalised in court. The adoptive parents receive full parental rights and the child’s legal status is changed, including changing the birth certificate to reflect the adoptive parents as legal guardians.

International adoption in Germany is governed by the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption. The Convention ensures that international adoptions are conducted ethically and that the rights of the child are protected. People living in Germany who wish to adopt a child from another country must go through a similar application process, but must also comply with the laws of the child’s country of origin.

The consent of the biological parents is required before an adoption can take place, unless they have lost their parental rights due to neglect or other legal reasons. In Germany, biological parents usually retain their parental rights for at least eight weeks after the birth of the child, giving them time to reconsider the decision to give the child up for adoption. Once the adoption is finalised, all legal ties between the birth parents and the child are severed.

The birth parents and adoptive parents usually do not exchange any identifying information and there is no ongoing contact.

Requirements

In Germany, eligibility for adoption is strictly regulated to ensure that prospective parents are able to provide a stable, loving and supportive environment for the child.

Adoption is open to individuals and married couples who meet certain legal criteria, although German law gives priority to two-parent households for the welfare of the child.

Only married couples can adopt a child together, unmarried cohabiting partners cannot adopt together. Both spouses in a married couple must meet certain age requirements: one spouse must be at least 25 years old and the other at least 21 years old. This ensures that adoptive parents have reached a certain level of maturity and stability before taking on the responsibility of raising a child.

Single people can also adopt in Germany, although the process can be more complex. Single adopters must be at least 25 years old. Although single applicants are eligible, adoption authorities may carry out a more rigorous assessment to ensure that a single parent is fully capable of handling the responsibilities on their own. However, being single does not preclude an individual from being approved as an adoptive parent, especially if they can demonstrate strong personal and financial stability.

Same-sex couples can adopt in Germany, but only if they are married. Since the introduction of marriage equality in 2017, same-sex married couples have the same legal rights as heterosexual couples in matters of adoption. The law ensures that sexual orientation is not a barrier as long as the couple can meet the other eligibility requirements, such as age and relationship stability.

The legal framework also attaches importance to the age difference between the adoptive parents and the child. In general, a reasonable age difference of at least 15 years is required, although exceptions can be made in certain cases. This policy is designed to reflect typical parent-child relationships and to ensure that adoptive parents are at an appropriate stage in their lives to care for a young child or to raise an adolescent.

Adoption refused: why?

Adoptions in Germany can be refused for a number of reasons, mainly relating to the best interests of the child. The adoption process involves a thorough assessment of the prospective parents to ensure that they can provide a safe, stable and nurturing environment for the child.

• Incomplete or inaccurate documentation: Prospective adoptive parents are required to submit extensive documentation, including financial records, medical evaluations and background checks. If any of these documents are found to be incomplete or inaccurate, the adoption process may be halted. In some cases, applicants may be asked to correct the deficiencies, but repeated or significant problems with documentation may lead to rejection.
• Insufficient financial stability: One of the key factors assessed during the adoption process is the financial stability of the prospective parents. Adoption authorities need to ensure that adoptive parents can provide for the child’s basic needs, such as housing, education and healthcare. If the applicants do not have a stable source of income or are in financial difficulty, the adoption may be refused. The authorities want to avoid placing a child in a home where he or she may face economic hardship or instability.
• Health concerns: Both physical and mental health are important factors in the assessment of prospective adoptive parents. If an applicant has a serious or chronic health condition that may affect their ability to care for the child, the adoption may be declined. Similarly, mental health problems, particularly if untreated, may raise concerns about the parent’s ability to cope with the emotional and psychological demands of raising a child. The aim is to ensure that the adoptive parent can meet the child’s needs in the long term.
• Lack of emotional or psychological readiness: Adoption is a life-changing commitment and agencies need to be confident that prospective parents are emotionally ready to take on the responsibilities of parenthood. If there are signs of unresolved personal issues, lack of emotional stability or difficulty coping with stress, this could lead to a refusal. Adoption agencies often assess the emotional health of applicants through interviews, home studies and psychological evaluations.
• Inadequate living conditions: Prospective adoptive parents must have adequate and stable housing. If their living conditions are considered unsuitable for raising a child (e.g. unsafe environment, lack of space or temporary accommodation), the adoption may be refused. The authorities must ensure that the child is placed in a safe, stable home where he or she can thrive.
• Incompatibility between child and adoptive parents: The adoption process in Germany places great emphasis on matching the right child with the right family. If the authorities believe that the prospective parents are not a suitable match for a particular child – perhaps because of cultural, religious or emotional differences – the adoption may be refused. For example, if a child has special needs and the adoptive parents are not equipped to deal with them, the match may be deemed unsuitable.

Adoption forms

There are several types of adoption in Germany, which can vary depending on factors such as the age of the child, the child’s background and the relationship between the child and the prospective adoptive parents.

These types of adoption cater for the different needs and circumstances of both children and prospective adoptive parents in Germany.

Each type of adoption has specific legal requirements and procedures designed to protect the welfare of the child while facilitating the creation of a stable family environment.

Domestic Adoption

This involves adopting a child who lives in Germany. It is the most common form of adoption and can involve children of different ages, from babies to older children. Domestic adoption requires the approval of the local Jugendamt and follows the standard German legal framework.

Intercountry Adoption

Intercountry or international adoption is the adoption of a child from another country. Germany is a signatory to the Hague Convention on Intercountry Adoption, which ensures ethical practice and child protection across borders. Prospective parents must comply with both German law and the law of the child’s home country. International adoptions are often lengthy due to the complexity of international regulations.

Adoption of a Stepchild (Stepparent Adoption)

This occurs when one spouse adopts their partner’s biological child from a previous relationship. In this case, the adopting stepparent takes on full legal parental rights and responsibilities for the child. This type of adoption usually occurs in blended families and the consent of the other biological parent may be required, unless their parental rights have been terminated.

Adoption of Relatives

Relatives such as grandparents, aunts, uncles or adult siblings can adopt a child within their extended family. This can happen if the birth parents are unable or unfit to care for the child. Kinship adoptions are subject to the same legal procedures as other adoptions, but may be prioritised in situations where the child can remain within the family.

Adoption of Older Children

While many adoptions involve babies or young children, it is also possible to adopt older children or teenagers, either from within the country or from abroad. Adopting older children may require additional preparation, as the child may have established emotional ties or may need special support to adapt to their new family environment.

Adoption of Children with Special Needs

This type of adoption involves children who have physical, emotional or psychological challenges that require special care. These adoptions often involve additional support services to help the child and adoptive parents cope with the child’s special needs. Special needs adoptions can involve local or international children.

Confidential (Closed) Adoption

In a closed adoption, the birth parents and adoptive parents do not know each other’s identity. There is no contact between the two parties after the adoption is finalised. The child’s records may also be sealed and the child may not have access to information about their birth parents until they reach a certain age.

Open Adoption

Unlike a closed adoption, an open adoption allows for ongoing contact between the adoptive family and the birth parents. The level of openness can vary from occasional updates and letters to personal visits. Open adoptions are less common in Germany, but can be arranged depending on the wishes of both parties and the best interests of the child.

Adoption of Adult Children

In some cases, adults can be adopted in Germany. This is often done for inheritance purposes or to formalise a long-standing parent-child relationship. The process of adopting an adult is simpler than adopting a minor, as it does not usually involve the same level of scrutiny or oversight.

How can we help with adoption in Germany

As a law firm specialising in adoption law in Germany, our family lawyer in Berlin offers a comprehensive range of services to assist clients at every stage of the adoption process.

If you are considering adopting a child in Germany, here is how we can help:

• Adoption counselling and legal advice: We offer personalised consultations to explain the legal requirements, procedures and potential challenges of adopting a child in Germany. Whether you’re considering domestic or international adoption, our legal experts will clarify your options and help you understand the steps involved, providing advice tailored to your individual situation.
• Application preparation and filing: Our firm assists clients with the preparation of all necessary documents, including financial records, personal references and applications, ensuring that everything is completed accurately and submitted in accordance with German law.
• Representation in court proceedings: Finalising an adoption in Germany requires court approval. Our experienced solicitors will represent clients in all necessary legal proceedings and present your case to the court to ensure that the adoption is legally approved and that parental rights are transferred to you smoothly and without delay.
• International adoption assistance: International adoptions present additional legal complexities as they require compliance with both German law and the law of the child’s country of origin. We help clients navigate the requirements of intercountry adoption, working with international authorities and ensuring full compliance with the Hague Convention on Intercountry Adoption.
• Open or closed adoption arrangements: Whether you’re looking for a confidential (closed) adoption or an open adoption with ongoing contact with the birth parents, we can help you draft legally binding agreements that set out the terms, protect the rights of both the child and the adoptive parents, and ensure that the arrangement is in the child’s best interests.

Get Expert Guidance on Your Adoption Journey

Adoption is a life-changing decision that requires careful legal guidance to ensure the rights of both the child and the adoptive parents are protected. From filing paperwork to dealing with the authorities, we’ll make sure your adoption process runs smoothly and in full compliance with German law.

Contact us today to arrange a consultation with a family lawyer in Berlin and begin your adoption journey with confidence.

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