International adoptions offer families in Germany and elsewhere an opportunity to give children from other countries a new home and fulfil their own, previously unfulfilled, wish to have children. However, these procedures are practically and legally complex and subject to strict underlying conditions. In this context, the Hague Adoption Convention, which was concluded in 1993 to standardise the adoption process worldwide and ensure the child’s welfare, has an essential role.
Whether your concern relates to the legal realisation of your wish to have children or other matters of international family law in Germany, Schlun & Elseven Rechtsanwälte is always at your side. As a multidisciplinary law firm with an international focus, our German family lawyers have in-depth expertise, extensive experience, and the necessary empathy and sensitivity to accompany such emotional processes. With our support, you can be confident that your rights and interests as a family will always be protected.
Particularities of Adoption Law in an International Context | Effects of the Hague Convention
Cross-border adoptions harbour the challenge of conflicting legal systems. If German nationals wish to adopt a child abroad, the requirements of the country from which the child to be adopted originates must be observed in addition to the already complex national requirements of adoption, family and citizenship law. To standardise, simplify and guarantee specific minimum standards, the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption was concluded. Its provisions always apply when a child habitually resident in a contracting state (state of origin) has been, is or is to be brought into another contracting state (receiving state), either after adoption in the state of origin by a spouse or a person habitually resident in the receiving state or with a view to such adoption in the receiving state or state of origin.
The signatory states agree that their primary goal is for the child to grow up in a family surrounded by happiness, love and understanding to develop their personality fully and harmoniously. To this end, they should be able to remain in their family of origin wherever possible. Only in cases where the child cannot find a suitable home either in its family of origin or in its country of origin should international adoption make it possible for it to find family support abroad.
Each contracting state has a central authority that is responsible for the implementation and monitoring of adoptions. For international adoptions, it is a legal requirement to contact these authorities. In Germany, there are state youth welfare offices and state-recognised international placement agencies, depending on the place of residence. The German Federal Office of Justice, with its Central Authority for Foreign Adoptions, also deals with international adoption matters. Adoptions carried out following the Hague Convention are automatically recognised in all contracting states. This also ensures that the intended parents receive all rights and obligations as parents towards the child permanently.
In addition to the requirements for international adoption, the convention aims to ensure that the abduction, sale and trafficking of children is prevented.
Practical and Legal Challenges of International Adoptions
International adoption procedures pose several challenges for the intended parents.
- Long waiting times: The length of the procedure can be stressful and lead to considerable uncertainty.
- Bureaucratic hurdles: Complex and differing legal requirements of the countries involved can lead to delays and complications.
- High costs: The financial burden can be considerable and is often difficult to calculate.
- Post-adoption challenges: After the adoption, further challenges can arise with the integration of the child and in relation to the recognition of the adoption in the form of post-registration or the citizenship of the child. It is also common for children to have identity and origin issues over time, although it should be noted that they are also legally entitled to certain information.
Our German family lawyers help you with these and any other challenges that may arise. We will manage the communication with the relevant authorities on your behalf to ensure that the process is as quick and uncomplicated as possible. Even after a successful adoption, we are still there for you: we will assist you with the child’s naturalisation and advise you on the child’s right to information about its origins and any other family law issues.
Alternatives to (International) Adoption
There are various alternatives to international adoption for people who want to fulfil their wish to have children:
- National adoption: Adoption within your own country can also be an alternative. National adoption procedures are often less complex than international ones but are also subject to strict legal requirements.
- Artificial insemination: Couples with fertility problems can have their own children using methods such as in vitro fertilisation (IVF). These procedures are legally regulated in many countries and offer a medical option for realising the wish to have children.
- Surrogacy (abroad): Surrogacy is another option in which a woman carries a child for another couple. The legal framework for this varies greatly depending on the country. In Germany, however, surrogacy is prohibited.
- Foster children: Taking in foster children can be an alternative to adoption. Foster parents offer children a temporary home but can also be given the option of adoption under certain circumstances. Foster children often need special support and a stable environment.
The choice of the most suitable method to fulfil the desire to have children depends on the individual circumstances, the legal framework and personal preferences. Comprehensive legal advice is always advisable to make the best decision and avoid legal problems.
An Overview: Frequently Asked Questions about International Adoption Procedure
The duration can vary greatly, depending on the child’s country of origin and the individual circumstances. On average, it takes between one and three years.
The requirements vary depending on the country of origin but often include a minimum age, proof of income, health checks, and background checks. In addition to a minimum age, a maximum age difference to the child is often specified, which is around 40 or 45 years. Depending on the legal situation, it is easier for married couples to obtain an adoption licence than for single people or people in a relationship without marriage.
We strongly advise against unauthorised international adoption. According to Section 2b of the German Act on Adoption Placement and Support and on the Prohibition of Surrogacy Placement (AdVermiG), an international adoption procedure is not permitted without the involvement of a recognised international adoption agency. Under the new law, international adoptions carried out without an intermediary are generally not recognised in Germany, Section 4 para. 1 sentence 1 of the Act on the Effects of Adoption as a Child under Foreign Law (AdWirkG).
Adoptions carried out following the Hague Convention are recognised in all contracting states. However, problems can arise if the country of origin is not a contracting state or the procedure is not carried out correctly. One possible consequence of an unrecognised adoption is the legal status of the child, as it is not considered a child in the sense of German family law and does not belong to the family. This gives rise to further legal problems, including maintenance claims and inheritance law, as well as the child’s nationality and residence status.
Practice Group: German Family Law
Practice Group: German Family Law
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