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Apply for adoption of an adult

If you would like to adopt an adult, you can apply to the responsible family court at the local district court.

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Detailed description

You can adopt an adult if you want to establish a parent-child relationship with the person and this is morally justified. This is particularly assumed if a parent-child relationship already exists between you as the adopter and the adult. This is the case, for example, with a stepchild or foster child.
If such a relationship does not yet exist, there must be such a strong emotional bond that a relationship similar to the parent-child relationship can be expected. In addition, the adoption must appear morally justified in view of the purpose pursued. This means that the wish to adopt must not violate a moral prohibition and must not pursue an exclusively material purpose, such as avoiding inheritance tax or establishing a right of residence.

In order to adopt the adult as a family member, you and the person in question must file an application with the family court.
The adoption of an adult is basically an adoption with a weak effect. This means that the family ties of the adopted adult to his or her biological family are not terminated, only the newly formed relationship with the adopters is added.
As the adopting person, you are therefore obliged to support the adopted person and their children with priority over their biological relatives.
The consequences for the person being adopted are even more far-reaching. You should consider the following points and seek legal advice if necessary:

  • changing of the name
  • Increase in maintenance rights and obligations
  • Obligation to provide maintenance to former parents and you as new parents
  • After the death of the adopted child, the biological parents and the adoptive parents may inherit alongside each other as second-order heirs.

Under certain conditions and upon application, adoption with further legal consequences, such as those that apply to the adoption of minors, is also possible. This is then referred to as a full adoption or adoption with a "strong effect". This would result in an almost complete legal integration of the adult into your family. This means that the relationship of kinship and thus, among other things, all inheritance and maintenance obligations towards the biological parents are abolished. In the case of a stepchild adoption, the continued relationship to the remaining parent is excluded from this.

 

Information

Prerequisites

  • You may adopt an adult as a child if the adoption is morally justified. In other words, the adoption request is based on an existing parent-child relationship or a similarly strong inner bond and does not violate a moral prohibition and does not pursue a purely material purpose. This is the case, for example, if the person to be adopted already lived in your family as a minor child.
  • The adoption must not conflict with the overriding interests of third parties, such as your biological children.
  • The adopter must have reached the minimum age required for adoption (21 or 25 years of age)
  • According to case law, there should generally be an age difference corresponding to a parent-child relationship, at least 15 years.

Documents required

  • Notarized application from the adopter and the adult person; the applications must not be tied to any conditions or time limit
  • If the adopter or the person to be adopted is married or in a civil partnership, a notarized declaration of consent from the spouse or life partner
  • The family court may request other necessary documents, such as proof of civil status such as birth or marriage certificates

Please note

German citizens can also adopt adult foreigners.
However, the adopted children do not receive German citizenship and in most cases do not have the right of residence.
Adopting a person with foreign nationality is not morally justified if your sole aim is to prevent their deportation.

 Please note:
Legal advice is not available at the district court. Please contact the persons authorized to provide legal advice. These are lawyers or notaries.
The Public Legal Advice Service (ÖRA) offers low-cost legal advice for people with low incomes.

Deadlines

There is no deadline.

Procedure

  • Submit the required documents and the applications of the adopter and the adoptee in writing to the local family court. You can also commission a notary to submit the documents.
  • The court then checks whether all the necessary requirements for an adoption are met:
  • To this end, the court will hear the parties involved and, if necessary, other persons.
  • If the conditions for an adult adoption are met, the court will issue a decision declaring the adult's adoption.

Processing time

Due to the prescribed procedure, usually at least 3 months, depending on the individual case.

Fees

The following apply:


  • Notary fees

  • Court costs

  • if applicable, legal fees

The respective amount depends on the individual case.

Legal remedies

It is possible to file a complaint.

Legal basis


  • as applicable in detail to an adult adoption.


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Keywords: Adopt an adult Adult adoption

Last updated: 27.04.2025