German Adoption Lawyer

German law distinguishes between the adoption of a minor (Sections 1741 et seq. BGB, the German Civil Code) and that of an adult (Sections 1767 et seq. BGB). The Adoption Placement Act (Adoptionsvermittlungsgesetz, “AdVermiG”) sets out further details on the adoption procedure and adoption placement.

In principle, an adoption in Germany establishes a relationship between the adopting parents, or a single adopting parent, and the child. This relationship is independent of the child’s biological descent. After a legally effective adoption, a minor adopted child is legally equated with the biological children of the parents or parent, and receives the same rights.

Yes. Under Article 22 of the Introductory Act to the Civil Code (EGBGB), an adoption carried out in Germany is governed by German law, regardless of the adopter’s nationality. This means the same requirements described in this guide, covering age, suitability, and consent, apply equally to foreign nationals adopting a child in Germany. An adoption carried out outside Germany is governed by the law of the country where the child is habitually resident, meaning where the child’s life is centered, at the time of the adoption.

The most common form of adoption is that of a minor child. Even here, different forms of adoption arise, each with different legal consequences.

When adopting a minor, three different forms of adoption must be distinguished. The determining factor is the relationship between the adoptive parents and the biological parents of the minor child.

Prospective parents wishing to adopt initially have the option of an anonymous adoption. In this case, the biological parents’ details remain confidential, so contact between them and the adoptive parents is not possible. However, the adopted child has the option to view the adoption placement file once they reach the age of 16. Furthermore, under Section 63 Paragraph 1 of the Civil Status Act (Personenstandsgesetz, “PStG”), the child can be issued a certified copy of their birth entry, giving them the opportunity to learn the identity of their biological parents. Before the age of 16, the decision on whether to grant access to the file lies with the adoptive parents.

Adoption of a minor child in Germany can also take the form of a semi-open or open adoption. In a semi-open adoption, contact between the biological and adoptive parents is possible, but only in the form of a personal meeting arranged by the responsible adoption agency; contact details are not exchanged. Such a meeting allows the biological parents to form an initial impression of the adoptive parents. This form also allows ongoing, anonymous contact through the agency, for example the exchange of pictures or letters.

Open adoption differs in that contact between the biological and adoptive parents is not anonymous: alongside a personal meeting, details such as names and addresses are exchanged. This form is particularly common where a child is already in foster care with a family and the biological parents consent to that family adopting the child, in which case an open adoption necessarily results.

In a kinship adoption, a child is adopted by a relative, within the third degree of kinship. For example, a child can be adopted by their grandparents, aunts, uncles, or adult siblings. Kinship adoption is usually pursued when a parent has died or is otherwise no longer able to care for the child.

A stepchild adoption can be requested when a registered partner or spouse already has a child from a previous relationship. The new partner, who has no biological relationship to the child, then adopts the child with all the rights and responsibilities that come with parenthood.

Since the Adoption Support Act (Adoptionshilfe-Gesetz) took effect in April 2021, a stepchild adoption cannot proceed without prior counseling. Both the biological parent giving up parental responsibility and the adopting stepparent, together with their spouse, must undergo counseling with the responsible adoption agency before submitting the required declarations and applications (Section 9a AdVermiG). The agency issues a certificate confirming this counseling took place, which must be submitted to the family court. An exception applies, among other cases, where the adopting parent was already married to the other parent at the time of the child’s birth.

It is also possible to adopt an adult in Germany. This differs from other forms of adoption primarily in its legal consequences. Unlike adopting a minor, adopting an adult generally does not sever the adult’s legal relationship with their existing biological family: inheritance rights and maintenance claims from that family remain intact, though some exceptions apply depending on the circumstances. Our lawyers advise on the requirements, procedure, and legal consequences of adult adoption.

Adoption in Germany requires meeting several strict conditions, all centered on the welfare of the child.

The first requirement concerns the age of the adoptive parent. Under German law, the adoptive parent must have full legal capacity and be at least 25 years old. It makes no difference whether the adoptive parent is single or in a partnership. In a joint adoption by a married couple, the other spouse must be at least 21 years old. For example, a stepmother wishing to adopt her husband’s child from a previous relationship must be 21 or older (Section 1743 BGB).

There is no upper age limit for adoptive parents. However, the age gap between the adoptive parents and the child should not be too large. Although this is not set out in law, the German Federal Association of Youth Welfare Offices takes the view that the gap should not exceed 40 years. In practice, this generally means the possibility of adopting an infant ends once the intended parent turns 40.

Adoptive parents must also provide certain documentation during the procedure, including a health certificate and a criminal record check. The health certificate confirms the adoptive parent’s state of health, since the parents must be able to care for the child for as long as possible. A life-limiting illness would rule out adoption, as would a serious addiction. Severe physical illness or psychological or psychosomatic conditions can likewise make it more difficult to care for a child over the long term and may affect the outcome. Regarding the criminal record check, only prior convictions for offenses such as sexual assault or bodily harm are relevant.

The agency will also examine the motivation behind the wish to adopt, whether the applicants can fully commit to the child, and whether they are willing to inform the child about their origins and background as they grow up. Applicants should also have given sufficient thought to the practical realities of raising a child.

The biological parents must consent to the adoption, regardless of their relationship to one another. For example, in a stepchild adoption, the parent who will no longer be caring for the child must also give consent.

Where an infant is being adopted, the mother and the non-marital father must give consent within different timeframes. The father may give his consent before the child is born, while the mother may not give hers earlier than eight weeks after the birth. Once both parents have submitted their consent to the guardianship court, the decision is irrevocable: the biological parents are released from their rights and duties, and the youth welfare office takes over guardianship of the child.

A child older than 14 may decide for themselves whether to consent to the adoption. Below that age, the child’s guardian gives consent on the child’s behalf; from age 14, both the guardian and the child must consent. Dispensing with the biological parents’ consent is possible only in narrow exceptional cases.

The marital status of the adoptive parent is also decisive. Under Section 1741 Paragraph 2 BGB, an unmarried person may only adopt alone, while married couples must adopt jointly. This applies equally to same-sex and different-sex couples. An exception to joint adoption by a married couple arises where one spouse lacks legal capacity or has not yet turned 21 (Section 1741 Paragraph 2 Sentence 4 BGB); in that case, the other spouse may adopt alone.

The adoptive parents’ housing and financial circumstances must also be adequate. The child should have enough space to feel comfortable in the new home, including some private space of their own, and the adoptive parents’ financial situation must be sufficient to secure the child’s upkeep. Where a couple is adopting, a stable partnership is also expected.

In practice, applicants often underestimate the personality and financial requirements, which can lead to delays in the suitability assessment. Legal advice before applying can help identify these issues early.

From initial application to a legally finalized adoption, the process in Germany typically takes well over a year. The suitability assessment alone takes six to twelve months, and the subsequent probationary placement before the court decision generally takes about another year. Applicants should expect a total timeframe of around two years, often longer for international adoptions.

To adopt a child, prospective adoptive parents apply to the local youth welfare office (Jugendamt) or an accredited adoption agency, beginning with an initial information meeting. If they decide to proceed after this meeting, they must submit a range of documents to the agency, including:

• Application
• Curriculum vitae
• Health certificate and criminal record check
• Supporting documents, for example on financial circumstances and nationality
• Marriage certificate
• The completed application form

Once all documents are submitted, the suitability assessment (Eignungsverfahren) begins. The responsible agency checks whether the applicants meet the requirements above, a process that can take six to twelve months.

Once the suitability assessment is complete, the agency searches for a child suited to the applicants. The agency’s task is to match children available for adoption with suitable adoptive parents, taking into account the child’s personality and particular needs (Section 7 AdVermiG). This step can also take considerable time, and waiting periods are common, since there are far more applicants than children available for adoption.

Where a suitable match is found, the applicants are informed and the child is placed with them for a probationary period (Adoptionspflege), a step required before adoption under Section 1744 BGB. This period lasts around a year and allows the child to settle into the family; the youth welfare office remains the child’s legal guardian throughout.

After the probationary period, finalizing the adoption requires an application submitted to a notary, who forwards it to the family court. The youth welfare office submits its own report to the court, which examines whether the adoption serves the child’s best interests before deciding on the application. If the interests of the child and the applicants are not aligned, the court must refuse the application under Section 1745 BGB. Otherwise, the court approves the adoption under Section 1752 BGB, at which point the applicants are legally recognized as the child’s parents.

An adoption involves fees for the family court and the notary. A separate court fee generally does not apply to the adoption of a minor. Adult adoption, however, is subject to its own court fee, calculated according to the value assigned to the proceedings. Notary costs apply to the application itself and to each additional declaration of consent required.

Costs vary considerably depending on the type of adoption. International adoptions are generally significantly more expensive once travel costs, fees charged by the foreign placement agency, and any costs arising in the child’s country of origin are taken into account. A reliable overall estimate is only possible on a case-by-case basis, depending on the country involved and the agency handling the placement.

Following an adoption, the child’s birth name usually changes to that of the adoptive parent or parents. Where a couple does not share a surname at the time of adoption, they decide together which name the child will take. Changing the child’s first name is also possible.

The child’s legal relationship with their biological family also changes. In a kinship or stepchild adoption, some family ties are retained; in other forms of adoption, all ties to the biological family are severed, meaning the child has no inheritance or maintenance claims against that family, and the biological parents no longer hold custody or contact rights. Adult adoption is the exception here: the adopted adult’s existing family relationships, along with the associated inheritance and maintenance claims, remain intact, although some exceptions still apply depending on the circumstances.

Adopting a child habitually resident abroad rather than in Germany is also possible, carried out through the relevant international adoption agency, in line with the requirements of the Hague Adoption Convention where applicable. Both German law and the applicable foreign law apply to this process.

As with a domestic adoption, the applicants’ suitability is assessed against the criteria set out above, and the same supporting documents are required. The assessment for an international adoption also specifically considers how the applicants would approach the child’s different cultural background and any discrimination the child might face. This evaluation is carried out by the international placement agency.

Where the assessment is successful, the application, a social report from the youth welfare office, and other required documents are forwarded to the relevant authority in the child’s country of origin, which works to match the child with suitable adoptive parents. Once a match is found, the applicants must travel to the child’s country of origin to collect the child. Staff at the relevant agencies provide guidance and support throughout the process.

Entry into Germany and the adopted child’s residence status can raise immigration and residence law questions of their own. Our immigration, residence, and nationality lawyers are available to advise on these matters alongside the adoption process itself.