Alongside its emotional demands, an international adoption in Germany means dealing with two legal systems and several authorities at once. Whether the adoption goes smoothly depends largely on three things: whether the child’s country of origin has joined the Hague Adoption Convention, whether the placement goes through an authorized body, and whether the adoption will be fully recognized in Germany afterward.
What matters is not your nationality but where you live, known legally as your habitual residence. If you live in Germany, the German rules apply whether or not you are a German national, including if you hope to adopt a child from your own home country.
At Schlun & Elseven Rechtsanwälte, our family law team advises prospective adoptive parents at every stage of an international adoption, across Germany and remotely. Our German family lawyers check which rules apply between the countries involved, handle communication with authorities and agencies, and support you with recognition in Germany and the child’s citizenship or residence status.
What Should You Check Before Starting an International Adoption?
Before starting an international adoption, check whether the child’s country of origin has joined the Hague Adoption Convention, whether your agency is authorized for that country, and how the adoption will affect the child’s citizenship and residence. If you are adopting a child from abroad, these and a few other key questions are best answered before you commit to a country or an agency:
- Has the child’s country of origin joined the Hague Adoption Convention? The Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption, known as the Hague Adoption Convention, sets common minimum standards for intercountry adoptions. Under Article 23 of the Convention, an adoption certified under it is automatically recognized in Germany. If the country has not joined, a German family court must recognize the adoption afterward, and under Section 1(2) and Section 5(1) of the Adoption Effects Act (AdWirkG), you need to apply without delay once the foreign decision has been issued. The Hague Conference on Private International Law publishes the current list of contracting states.
- Can you adopt as a couple? Under Section 1741(2) of the Civil Code (BGB), a married couple can generally only adopt a child jointly, while an unmarried person can only adopt alone. Unmarried couples therefore cannot adopt a child together. Countries of origin also set their own requirements for adoptive parents, which can include marital status or age, so check these early.
- Is your agency authorized for that country? Under Section 2a of the Adoption Placement Act (AdVermiG), if you live in Germany, the placement must go through either the central adoption office of your state youth welfare office (Landesjugendamt) or a state-recognized intercountry adoption agency (anerkannte Auslandsvermittlungsstelle). Agencies are authorized for specific countries, so confirm that yours covers the child’s country of origin.
- Does the country offer full adoption? Some countries, particularly those with legal systems shaped by Islamic law, do not provide for adoption in the German sense and use kafala, a form of guardianship, instead. Kafala does not create a full legal parent-child relationship, falls outside the Convention, and is not automatically treated as an adoption in Germany.
- What does the adoption mean for the child’s citizenship and residence? Under Section 6 of the Nationality Act (StAG), if one adoptive parent is German, a child under 18 generally acquires German citizenship, provided the adoption is equivalent to a full adoption under German law. If neither parent is German, the child’s right to live in Germany depends on your own residence status. Check that your residence permit allows family reunification with the child before the adoption is completed.
- Which documents will you need? Documents for use abroad usually need legalization or an apostille and a sworn translation. Start gathering them early.
- Is anyone arranging the adoption outside official channels? An international adoption without an authorized placement body is prohibited under Section 2b AdVermiG, and an adoption carried out this way is generally not recognized in Germany. Under Section 1741(1) BGB, anyone involved in an unlawful placement may also only adopt if this is necessary for the child’s welfare.
At Schlun & Elseven Rechtsanwälte, our family lawyers review these points with you before you commit to a country or agency. That way, any problems come to light while they can still be solved.
How Does the International Adoption Process Work?
An international adoption from Germany runs through six stages: a suitability assessment, placement through an authorized body, matching, adoption in the country of origin, recognition in Germany, and the child’s citizenship or residence. The details vary depending on the child’s country of origin, and in particular on whether that country has joined the Hague Adoption Convention.
- Suitability assessment: You apply for an assessment of your suitability as adoptive parents (Eignungsprüfung). In many other countries, this is known as a home study.
- Authorized placement body: The placement must go through either the central adoption office of your state youth welfare office or a state-recognized intercountry adoption agency authorized for the child’s country of origin. An international adoption without one of these bodies is not legally permitted in Germany.
- Matching: Once your suitability has been confirmed, the responsible body in the country of origin handles the placement and proposes a child.
- Adoption in the country of origin: Only then is the adoption legally completed in the child’s country of origin.
- Recognition in Germany: If the Convention applies, the adoption is recognized automatically. If it does not, a German family court must recognize it. The differences are set out in the table below.
- Citizenship and registration: Where an adoptive parent is a German national, the final steps concern the child’s German citizenship and, on application, registering the child’s birth abroad in the German birth register (Geburtenregister). Where neither parent is German, the child’s residence permit takes the place of these steps.
Where delays occur or additional documents are needed depends largely on the country of origin.
How Does Recognition Differ for Convention and Non-Convention Countries?
The main difference lies in how the adoption is recognized in Germany afterward. The placement requirements and the rules on German citizenship are the same in both cases.
| Hague Convention country | Non-Convention country | |
|---|---|---|
| Placement | Through the central adoption office of your state youth welfare office or a state-recognized intercountry adoption agency authorized for that country | Same requirement, under Section 2a AdVermiG |
| Recognition in Germany | Automatic, once the competent authority certifies that the adoption was made in accordance with the Convention (Article 23) | Recognition by a German family court is required if you lived in Germany at the time (Section 1(2) AdWirkG) |
| Application and timing | No application needed for recognition itself | Apply without delay once the foreign adoption decision has been issued (Section 5(1) AdWirkG) |
| Proof of recognition | The Convention certificate, with optional confirmation on application by the Federal Office of Justice (Bundesamt für Justiz), acting as the Federal Central Authority for Intercountry Adoption (Bundeszentralstelle für Auslandsadoption), under Section 9 of the Act Implementing the Hague Adoption Convention (AdÜbAG) | The family court’s decision |
| Grounds for refusal | Only if the adoption is manifestly contrary to public policy, taking into account the best interests of the child (Article 24) | Examined by the court in the recognition procedure |
| German citizenship (one parent German) | Acquired if the adoption is equivalent to a full adoption under German law; otherwise, a court can convert it under Section 3 AdWirkG (Section 6 StAG) | Same rule |
Already Adopted Abroad Before Moving to Germany?
If you adopted a child while living in another country and have since moved to Germany, the adoption is not automatically re-examined. Whether and how it is recognized in Germany depends on the circumstances, for example whether the Convention applied and where you lived at the time. A formal recognition procedure before a German family court can provide legal certainty, for instance for civil registration, citizenship, or inheritance matters. Our family lawyers advise on the recognition of foreign adoptions as part of our wider international family law practice and assess which route applies in your case.
Practical and Legal Challenges of International Adoption
The main challenges are long waiting times, bureaucratic hurdles, working in German, high costs, and issues that arise after the adoption:
- Long waiting times: A lengthy process can be stressful and create considerable uncertainty.
- Bureaucratic hurdles: The countries involved have complex and differing legal requirements, which can lead to delays and complications.
- Working in German: If you live in Germany but do not speak fluent German, keep in mind that the suitability assessment and contact with the youth welfare office normally take place in German.
- High costs: The financial burden can be considerable and is often difficult to estimate in advance.
- Post-adoption challenges: After the adoption, further issues can arise with the child’s integration, with having the adoption recognized and registered in Germany, and with the child’s citizenship. Many children also develop questions about their identity and origins over time. From the age of 16, they can apply under Section 9c AdVermiG to see the placement records relating to their origins and life history.
In our experience, communicating with foreign authorities and intercountry adoption agencies is often the biggest hurdle for prospective adoptive parents. Our family lawyers handle this communication for you, estimate the costs you can expect, and advise on all official requirements. Our support does not end with a successful adoption: we also assist with the child’s German citizenship and advise on the child’s right to information about their origins. We recommend seeking legal advice on your specific situation before you start the process.
Alternatives to International Adoption
The main alternatives are domestic adoption, assisted reproduction, surrogacy abroad, and foster care:
- Domestic adoption: Adopting a child within the country where you live can also be an option. Domestic adoption is often less complex than international adoption, but it is also subject to strict legal requirements.
- Assisted reproduction: Methods such as in vitro fertilization (IVF) allow couples with fertility problems to have biological children. These procedures are legally regulated in many countries and offer a medical route to parenthood.
- Surrogacy abroad: In surrogacy, a woman carries a child for the intended parents. The legal framework varies widely between countries. Surrogacy is prohibited in Germany, which raises particular legal questions about parentage when a child born through surrogacy abroad comes to Germany.
- Foster care: Taking in a foster child can be an alternative to adoption. Foster parents give children a temporary home, and in some circumstances a foster placement can lead to adoption. Foster children often need particular support and a stable environment.
Which path is right for you depends on your individual circumstances, the legal framework, and your personal preferences. At Schlun & Elseven Rechtsanwälte, our family law team advises clients from all over the world in English and can work fully remotely where needed. We assess your situation in confidence, explain which options are open to you, and set out the expected costs before any further work begins. Contact our family law team to have your situation reviewed.
At a Glance: Frequently Asked Questions About International Adoption
The duration varies considerably depending on the child’s country of origin and your individual circumstances. In practice, you should expect the process to take several years.
Requirements vary by country of origin, but they often include a minimum age, proof of income, health checks, and background checks. Many countries also set a maximum age difference between the adoptive parents and the child, often around 40 or 45 years. Under Section 1741(2) BGB, a married couple can generally only adopt jointly and an unmarried person can only adopt alone, so unmarried couples cannot adopt a child together.
No, and we strongly advise against trying. Under Section 2b AdVermiG, an international adoption is prohibited without placement through an authorized body, meaning a central adoption office or a state-recognized intercountry adoption agency. Under Section 4(1) AdWirkG, an adoption carried out without this placement is generally not recognized in Germany, except in narrow cases where the child’s welfare requires it.
Adoptions carried out under the Hague Adoption Convention are generally recognized in all contracting states, unless the adoption is manifestly contrary to public policy (ordre public) under Article 24 of the Convention. Problems arise mainly when the country of origin is not a contracting state or when no authorized placement body was involved. Without recognition, the child has no legal family relationship with the adoptive parents in Germany, which affects maintenance, inheritance, citizenship, and residence status. Our family lawyers can assess whether an exception applies in your case.
A family lawyer checks which national and international rules apply in your case, supports communication with the authorities and placement bodies involved, and works to have the adoption recognized in Germany. Early legal advice is particularly important where the country of origin does not offer full adoption or where recognition is uncertain.
Practice Group: German Family Law
Practice Group: German Family Law
Contact Schlun & Elseven Rechtsanwälte
Please use our online form to outline your request to us. After receiving your request, we will make a brief initial assessment based on the facts described and provide you with a cost offer. You can then decide whether you would like to engage our services.
