Adoption of a foreign child, conversion of a weak into a strong adoption
Upon request, the family court can convert a so-called weak adoption into a so-called strong adoption.
Process flow
You must submit a notarized application for conversion to the competent local court. The court examines the application and also involves the locally competent youth welfare office and the central adoption office of the state youth welfare office during the proceedings.
The court pronounces the adoption with strong effect if:
- this serves the best interests of the child,
- the necessary consents to an acceptance with an effect terminating the parent-child relationship have been granted, and
- overriding interests of the husband, wife or children of the adoptee or adopted child.
Your adopted child then has all the rights and obligations of a biological child. In addition, if they are not yet 18 years old at the time of the application, they will receive German citizenship if you or your husband or wife are German citizens.
Who should I contact?
Under https://www.justizadressen.nrw.de/de/justiz/suche you will find the local courts responsible for you with further contact options and service hours.
Competent authority
The application for the adoption of a foreign child shall be decided by the family court, in whose district a Higher Regional Court has its seat, for the district of that Higher Regional Court, unless the respective Land Government has made use of the other arrangement of jurisdiction made possible by Paragraph 5(2) of the AdwirkG.
Requirements
You have adopted a child abroad.
The court pronounces the adoption with strong effect if:
- this serves the best interests of the child,
- the necessary consents to an acceptance with an effect terminating the parent-child relationship have been granted, and
- do not conflict with the overriding interests of the husband, wife or children of the adoptee or adopted child
Which documents are required?
- Notarized application for conversion of adoption
- foreign adoption certificate.
Note: In most cases, foreign documents with over-certification are necessary:
- by the competent foreign authority (apostille) or
- Legalization by the German mission abroad.
What are the fees?
- Notary fees
- Legal expenses
- the respective amount depends on the individual case
What deadlines do I have to pay attention to?
none
Processing duration
At least 3 months due to the given procedure, in more complex procedures possibly longer
Legal basis
§§ 97 et seq. Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
Applications / forms
none
Appeal
The rejection of the application can be challenged with the complaint within one month in accordance with §§ 58 ff. FamFG.
Author
The text was automatically translated based on the German content.
Technically approved by
Lower Saxony Ministry of Justice
