- no location -
Select your location for location specific information:
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.
Responsible for you
For contact details of the responsible authoritiy and local valid information select under "Select location" a location.
Procedure details
Description
Married couples or two people living in a stable partnership in a shared household, one of whom is a spouse/factual partner aged 25 and the other aged 21, as well as individuals over the age of 25, may adopt a minor child. The adoption of a minor as a child is permitted if it is in the best interests of the child and it is to be expected that a parent-child relationship will develop between the adopter and the child. An adult can also be adopted as a child (more on this under "Related topics" - "Adult adoption; application").
When the adoption becomes legally effective, the adopted child acquires the legal status of a child of the adopter; in the case of adoption by a married couple or two people living in a stable partnership in a shared household, the legal status of a joint child of the spouses/de facto partners. If an adoption decision has been made abroad in the case of an international adoption, the adoptive parents must submit an application for recognition to the competent German family court. Without recognition by the family court, the foreign adoption decision has no legal effect in Germany. A recognition procedure is only not required if a certificate in accordance with Article 23 of the Hague Adoption Convention can be presented for the foreign adoption.
Adoption mediation (the bringing together of children under the age of 18 and adoption applicants with the aim of adoption as a child) is carried out by the adoption mediation offices of the youth welfare offices and non-statutory welfare organizations after detailed consultation with the parties involved. In certain cases, the Central Adoption Office of the State Youth Welfare Office must be involved.
Requirements
Adoption as a child is pronounced by the family court at the request of the adopter; if the adopter is an adult, an application by the adoptee is also required. The application must be notarized.
The consent of the child's parents - also notarized - is also required for the adoption of a minor child. Consent can only be given when the child is eight weeks old. The consent of the parents is irrevocable. However, it loses its validity if the adoptive parents withdraw their application or if the family court refuses the adoption.
The child's notarized consent is also required to adopt a child. If the child is not yet 14 years old, only their legal representative can give their consent. If the child is already 14 years old, it can only give its consent itself; it requires the consent of its legal representative.
The application to adopt a child and the necessary consents must be declared before the family court. The local family court in whose district the adopting party or one of the adopting spouses has their habitual residence is usually responsible.
The consent of the child's parents - also notarized - is also required for the adoption of a minor child. Consent can only be given when the child is eight weeks old. The consent of the parents is irrevocable. However, it loses its validity if the adoptive parents withdraw their application or if the family court refuses the adoption.
The child's notarized consent is also required to adopt a child. If the child is not yet 14 years old, only their legal representative can give their consent. If the child is already 14 years old, it can only give its consent itself; it requires the consent of its legal representative.
The application to adopt a child and the necessary consents must be declared before the family court. The local family court in whose district the adopting party or one of the adopting spouses has their habitual residence is usually responsible.
Legal bases
-
§§ 1741 bis 1772 Bürgerliches Gesetzbuch (BGB)Annahme als Kind
-
Art. 22 Einführungsgesetz zum Bürgerlichen Gesetzbuche (BGBEG)Annahme als Kind
Appeal
- Adoption decision itself: generally not contestable, only possible annulment proceedings, appeal against hearing or constitutional complaint
- Rejection of the adoption and decisions accompanying the adoption: appeal if necessary
Related issues
-
Adoption; application for recognition or conversion of an adoption of a foreign child
If an adoption was carried out abroad, the family court can determine on application whether it is to be recognized in Germany. It can also pronounce the conversion into an adoption with the strong effects provided for under German law.
-
Adoption; information on releaseIn the case of an unwanted pregnancy, the expectant mother may consider allowing adoption after the birth. A large number of mostly childless couples would like to adopt a child so that a future worth living can be achieved for as yet unborn children in this situation.
-
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.
Status: 05.03.2025
Editorial responsibility Bayerisches Staatsministerium der Justiz
Contains machine translated content.
Show the original content