German Adoption Lawyer

The German legislator distinguishes between the adoption of a minor (Section 1741 ff. German Civil Code “BGB“) and that of an adult (Section 1767 ff. BGB). Furthermore, the Act on Adoption Placement and Support and on the Prohibition of Surrogacy Placement (“AdVermiG”) regulates additional details regarding the adoption process 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 the parent, granting them the same rights.

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

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

If intended parents have a desire for adoption, there is initially the possibility of an anonymous adoption. In this case, the data of the biological parents remain confidential, so no contact between them and the adoptive parents is established or even possible. However, the adopted child has the option to view the adoption placement file once they reach the age of 16. Furthermore, according to Section 63 Para. 1 of the Civil Status Act (PStG), the child can be issued a certified copy of their birth entry. Accordingly, the child has the opportunity to learn the identity of their biological parents. Before the age of 16, the decision regarding access to those files still lies with the adoptive parents.

Additionally, the adoption of a minor child in Germany can take place in the form of a semi-open or open adoption. In a semi-open adoption, contact between the biological and adoptive parents is possible. However, this contact takes the form of a personal meeting arranged by the responsible adoption agency. Contact details of the biological and adoptive parents are not exchanged. Such a meeting allows the biological parents to get an initial impression of the adopting parents. This form of adoption also allows for ongoing contact between the biological and adoptive parents, enabling the exchange of pictures, letters, and similar items. However, this is facilitated anonymously through the agency.

In contrast, open adoption differs from semi-open adoption in that there is open contact between the biological and adoptive parents. In addition to a personal meeting, contact information such as names and addresses is exchanged. This type of adoption is particularly common when a child is already in foster care with a family, and the biological parents consent to the adoption. In this case, an open adoption is necessarily established.

In kinship adoption, a child is adopted within a family (up to the third degree). For example, a child can be adopted by their grandparents, aunts, uncles, or even adult siblings. Kinship adoption is usually implemented when the parent(s) dies or when they are no longer able to care for their child for any other reasons.

A stepchild adoption in Germany can be requested when the registered partner or spouse already has a child from a previous relationship that they bring into the partnership. The new partner, who is not biologically related to the child, can then adopt the child and thus accept them as their own – with all the rights and (legal) responsibilities that come with having a biological child.

It is also possible to adopt an adult person in Germany. This differs from other forms of adoption primarily in its legal consequences: In contrast to adopting a minor, adopting an adult generally does not change the familial relationship with their own (biological) relatives. Thus, the legal relationship with the existing family remains unchanged. The adopting adult’s relationship with their other family members, such as aunts or uncles, remains so even after the adoption. Compared to the adoption of a child, the adoption of an adult is, therefore, regarded as a ‘weaker’ form of adoption under German law.

When it comes to German family law, and especially the legal requirements for adoption, the main focus is always the welfare of the child. Therefore, certain prerequisites must be met for adoption to be possible.

In Germany, various requirements must be fulfilled for an adoption. The first crucial factor is the age of the adoptive parents. It is required under German law that the adoptive parent is fully legally capable and at least 25 years old. It does not matter whether the adoptive parent is single or in a partnership. In the case of a joint adoption with a spouse, the 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 years or older.

There is no official age limit to adopt. However, the age difference between the adoptive parents and the adopted child should not be too big. Although there is no legal regulation regarding that age gap, the German Federal Association of Youth Welfare Offices believes that the difference in age should not exceed 40 years. Therefore, the possibility of adopting an infant usually ends once the intended parent(s) are 40 years or older.

Furthermore, adoptive parents must provide certain documentation during the adoption procedure. This includes a health certificate and a criminal record check. A health certificate is required to gain insight into the health status of the adoptive parents. It is expected that the adoptive parents are capable of caring for the child for as long as possible.

For example, If one of the intended parents were suffering from a life-threatening illness, adoption would be excluded in that case. Additionally, serious illnesses or psychological or psychosomatic disorders can make it challenging to care for a child over an extended period of time. Therefore, adoption is also excluded in those cases. Regarding the criminal record check, prior convictions for offences such as sexual or bodily assault are relevant and would exclude the possibility of adoption.

The adoptive parents also need to demonstrate their motivation and reasoning behind their desire to adopt a child. They need to show whether they possess the ability to fully engage with the child and whether they are willing to educate their adopted child about their ancestry and cultural background. Furthermore, they should have adequately engaged with the topic of child-rearing.

In order to adopt a child, the biological parents must first have consented to the adoption. In Germany, both biological parents must consent to the adoption, regardless of their relationship status at that time. For example, in the case of stepchild adoption, the consent of the parent who will not be continuing to care for the child is required as well.

In the case of adopting an infant, there is a distinction between the mother and the non-marital father regarding the time period in which they can express their respective consent. The latter can express his consent even before the child is born, whereas the mother can provide her declaration no earlier than nine weeks after giving birth. If both parents have provided a consent declaration and it has been submitted to the guardianship court, the decision made is irrevocable. The biological parents are relieved of their duties and rights, and the youth welfare office takes over guardianship of the infant.

Another crucial point when adopting in Germany is the marital status of the adoptive parent(s) and the requirements tied to this. According to Section 1741 Para. 2 BGB, unmarried individuals may only adopt alone, while married couples must decide to adopt together and, therefore, must jointly accept the child. It is irrelevant whether it is a same-sex couple or a heterosexual couple that wants to adopt. An exception to the rule regarding the joint adoption by a married couple arises if one of the spouses is not legally capable or is not yet 21 years old (see Section 1741 Para. 2 S. 4 BGB). In such cases, the spouse who is already able to adopt a child may exceptionally adopt alone.

Before adopting a child, the living and economic conditions of the adoptive parent(s) must also be examined. There should be enough space for the child to feel comfortable in their new living environment and to have some privacy and a private retreat. Additionally, the economic circumstances of the adoptive parents must be adequate to support the costs of a child. It is expected that the child’s livelihood is secured. If the adoption is by a couple, a stable partnership should also be present.

To adopt a child in Germany, the prospective adoptive parents must apply to the local youth welfare office (“Jugendamt”) or an accredited adoption agency. As the first step after the application, they conduct an informational interview. If the prospective adoptive parents decide to proceed with the adoption procedure, they must submit various documents to the relevant agency or youth welfare office. These include:

• Application,
• Curriculum vitae/Resume,
• Health certificate and criminal record check,
• Proof of financial situation,
• Marriage certificate.

Once all the documents have been submitted, the so-called suitability test (“Eignungsverfahren”) begins. The responsible agency will check whether the prospective adoptive parents meet the requirements. This assessment can take six to twelve months.

After completing the eligibility assessment, the agency will search for a child suitable for the prospective adoptive parents. The task of the adoption agencies is to find the appropriate adoptive parents for children available for adoption. Therefore, the applicants must be suitable for the specific child that is being considered. The personality and special needs of the child are considered (Section 7 AdVermiG). Therefore, this process can also take several months. Due to the high number of applicants and the comparatively lower number of available children, waiting periods should be expected.

However, if a child is found for whom the prospective adoptive parents appear particularly suitable, they will be informed. The child is then released for a probationary period with the prospective adoptive parents. The probationary period is required before adoption according to Section 1744 BGB and lasts approximately one year. It serves to help the child and the adoptive parents acclimatise and grow together as a family. However, the youth welfare office remains the child’s guardian during this time.

After the probationary period, to conclude the adoption process and achieve a legally binding adoption, the prospective adoptive parents must submit a proposal for adoption (“Annahmeantrag”) to a notary, who then must present it to the guardianship court. The responsible youth welfare office subsequently submits their report to the guardianship court. The court then examines if the adoption is in the child’s best interest and subsequently decides on the acceptance of the adoption proposal.

If the interests of the child and the applicants are not aligned, the court must deny the proposal according to Section 1745 BGB. However, if this is not the case, the proposal to adopt the child is decided by the family court. Once the prospective adoptive parents go through this process and the court approves the adoption of the child, they will then be legally recognised as the child’s parents.

The costs of an adoption in Germany include:

• • Court fees (approximately 100 €),
  • Application fees (including notary costs, approximately 60 €),
  • each additional declaration of consent (including notary costs, approximately 30 €).

However, the costs vary depending on the type of adoption. International adoptions are significantly more expensive. Here, travel costs, fees from the youth welfare office, costs from placement agencies, as well as any additional lawyer and court fees must be considered. Therefore, international adoption can cost up to 20,000 €.

After an adoption, the child’s birth name will usually be changed, and the surname of the adoptive parent(s) becomes the child’s birth name. If a couple does not have a common surname at the time of adoption, they jointly decide which name the child will assume. Changing the child’s first name is also possible.

Furthermore, the child’s relationship to their biological family changes. In the case of a kinship or stepchild adoption, at least some of the family relationships are retained, while in other forms of adoption (e.g. adoption of a minor), all family ties to the biological family are severed. This means that the child has no inheritance claims or maintenance claims from their biological family. Additionally, with the acceptance of the adoption, there is no longer any parental custody or right of access for the biological parents. However, an exception applies to the adoption of an adult person. In this case, the family relations do not cease to exist, so all inheritance rights and maintenance claims remain the same.

It is also possible to adopt a child who does not have their habitual residence in Germany but instead lives abroad. The responsible international adoption agency carries out this cross-border process. It is important to note that in the case of international adoption, German law and the relevant foreign law apply.

As with domestic adoption, the suitability of the prospective adoptive parents is assessed based on the criteria mentioned above. The same documents required for a domestic adoption must be submitted for the application for an international adoption. It is important to note that the suitability of the prospective adoptive parents is specifically evaluated for each form of adoption. Special attention is given to how the applicants would handle the child’s (different) cultural background and any potential discrimination. The international adoption agency conducts this evaluation.

If the evaluation process is successful and adoption is a possibility, the application, a social report from the youth welfare office, and all other required documents are sent to the relevant authority of the country from which the prospective adoptive parents wish to adopt. The task of the adoption agency is again to find the most suitable adoptive parents for the child. If a child is found for whom the applicants appear suitable, they then must travel to the child’s country of origin to pick up the child. The applicants receive guidance and support from the relevant authorities throughout the adoption process.