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Adult adoption; application

If you wish to adopt a person of legal age, you and the person you wish to adopt can apply to the competent family court.

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Procedure details

The adoption of an adult as a child (adoption) is pronounced by the family court at the request of the adopter and the adoptee.

An adult can be adopted as a child if the adoption is morally justified. This can be assumed in particular if a parent-child relationship has already been established between the adopter and the adoptee.

The adoption of an adult is generally designed as an adoption with weak effects, i.e. the relationship of the adoptee to his or her biological family is not completely severed. Under certain conditions, however, it can also be pronounced as a full adoption, which leads to almost complete integration into the adopter's family.

The application to adopt an adult and the necessary consents must be declared before the family court. The local court - family court - in whose district the adopter or one of the adopters has their habitual residence is usually responsible.

You may adopt a person of legal age as a child if the adoption is morally justified.

  • This is the case if a parent-child relationship has already been established.
  • This can be assumed, for example, if
    • the person to be adopted has already lived in your family as a minor child and
    • legal reasons prevented the adoption.
      Example: The biological parents refused to consent to the adoption while the adoptee was a minor.

The application of the adopter and the adoptee must be notarized.

The notarized declarations of consent of the following persons are also required:

  • Adopters (adoptive parents)
  • Adopted person
  • Spouse of the adopter(s)
  • Spouse of the adoptee

  • written, notarised application by the accepting party and the person to be accepted
  • written, notarized consent forms from the following individuals:
    • Adopters (adoptive parents)
    • Adopted
    • Spouse of the adopting person
    • Spouse of the adopted person

You must submit the required documents as notarized declarations to the family court.

  • You can also instruct a notary to submit the documents.
  • If you have children of your own, the court will weigh up whether their overriding interests conflict with the adoption.
  • This could be the case if the following claims would be unreasonably diminished:
    • maintenance claims
    • inheritance claims
  • Even if the person to be adopted has children themselves, the court will check whether their overriding interests conflict with the adoption. The children of both parties therefore have a right to be heard.
  • If the requirements for the adoption of an adult are met, the court will issue an order for the adoption of the adult.

  • Costs for notarization
  • Court costs

none

Due to the specified procedure, usually at least 3 months; however, this depends on the individual case.

  • Adoption decision itself: generally not contestable, only possible annulment proceedings, objection to hearing or constitutional complaint
  • Rejection of the adoption and decisions accompanying the adoption: appeal if necessary

  • Adoption of a child; application
    The Local Family Court decides on the adoption of minors and adults as children and the termination of the adoption relationship.
Status: 22.08.2024
Editorial responsibility Bayerisches Staatsministerium der Justiz
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