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Adoption of a child

Adoption (taking a child) is pronounced by order of the family court upon application by the adopter.

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Detailed description

After successful placement by the responsible adoption agency and after the end of the foster care period, you can submit an application for adoption to the responsible family court at the local court.
The family court examines the application and, if the application proves to be admissible and justified, declares the adoption legally valid in the decision procedure. Once the decision is served on you, the adoption is effective and final. The adopted child receives the surname of the adoptive family and has the same rights as a biological child.

 

Information

Prerequisites

  • They want to adopt a child.
  • You have all the necessary documents for the local court, such as the notarized adoption application.
  • The Family Court has, of its own motion, carried out the investigations necessary to establish the facts relevant to the decision and examined the adoption proceedings.

Documents required

  • notarized adoption application
  • Notarized declaration of consent of the legal representative to the adoption application for a child under 14 years of age or
  • Notarized declaration of consent of the child over 14 years of age with the consent of the legal guardian
  • Notarized declarations of consent from the biological parents

Acceptor documents:

  • Proof of earnings, assets, debts
  • Proof of identity (identity card or passport)
  • Birth certificates
  • Registration certificates
  • Health certificates or medical certificates
  • Marriage certificate or civil partnership certificate
  • Expert opinion of the adoption agency
  • Hearing or involvement of the Youth Welfare Office if it has not made any expert statements.

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 cost-effective legal advice for people with low incomes at.

Deadlines

There are no deadlines to be observed.

Procedure

If you would like to adopt a child, first contact the relevant adoption agency and go through an application process. After completing the adoption foster care period, the adoption application can be submitted:

  • You or your notary must submit a notarized adoption application to the responsible family court.
  • The family court examines all documents, involves the adoption agency, among others, and decides on the adoption.
  • The family court issues a ruling declaring the child to be adopted.
  • Once this decision has been served on you, the adoption is effective and final.

Processing time

At least 3 months due to the prescribed procedure, possibly longer in more complex procedures.

Fees


  • Notary fees

  • Court costs

Legal remedies

An appeal against a rejection of the adoption application can be lodged within one month.

Legal basis





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Keywords: Adopt a child Child adoption

Last updated: 27.04.2025