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Prerequisites

The basic prerequisite for the adoption of a child is that it serves the child's best interests and that the development of a parent-child relationship can be predicted with a high degree of probability.
The adoption of minors is only possible if the child is not yet 18 years old at the time of adoption.
Further requirements are

• the ability of the adopters to be parents for this child
• an appropriate adoption care period
• the existence of the consent declarations of the parties involved

Documents required

The following documents are required in particular for an adoption procedure:

• Notarized adoption application
• Declarations of consent
• Child’s birth certificate
• Marriage certificate of the adoptive parents
• Proof of nationality of those involved
• Registration certificates of those involved
• Health certificates of those involved
• Police clearance certificates of the adopters Proof of income of the adopters

The family court may request further documents if necessary.
Foreign documents require certification by the relevant foreign authority (Apostille) or legalization by the German diplomatic mission abroad.

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

The application for the adoption of a minor should be submitted in good time before the child reaches the age of majority.

Procedure

• You must submit the required documents as notarized declarations to the family court.
• You can also appoint a notary to submit the document.
• If you have children of your own, the court will consider whether their predominant interests conflict with the adoption.
• This could be the case if the following claims were unreasonably reduced:
  • maintenance claims
  • inheritance claims
• Even if the person being adopted has children, the court will examine whether their overriding interests conflict with the adoption. The children of both parties therefore have the right to be heard.
• If the conditions for adoption are met, the court will issue a decision granting the adoption.
• The registry office records the birth and you as adoptive parents in the civil status register.
• The registry office that registers the birth of your child born abroad automatically informs other registry offices.

Processing time

The processing time depends on the family court.

Fees

• There are costs for notarizing the application and issuing the documents.


• Updating the civil status register at the registry office of your place of residence is free of charge.


• There is a fee for registering a birth that occurred abroad.

Legal remedies

The rejection of the application can be contested by means of an appeal within one month in accordance with Sections 58 et seq. FamFG.

Legal basis