Applying for the adoption of a foreign child

To tthe local family court at the district court for the decision. Certificates are issued by the local registry office.

The basic prerequisite for the adoption of a child is that it is in the best interests of the child and that the development of a parent-child relationship can be predicted.

The adoption of a minor is only possible if the child is not yet 18 years old when the adoption is pronounced.

Further requirements are the ability of the adopters to be parents for this child, an appropriate adoption care period and the existence of the declarations of consent of the parties involved.

Please contact the responsible locallocal family court at the district court for the decision. Certificates are issued by the local registry office.

The following documents in particular are required for an adoption procedure:

• Notarized adoption application
• Declarations of consent
• Birth certificate of the child
• Marriage certificate of the adopters
• Proof of citizenship of the parties involved
• Registration certificates of the parties involved
• Health certificates of the parties involved
• Police clearance certificates of the adopters
• Proof of income of the adopters

The family court may request further documents.

Note: You will need foreign documents with over-certification by the competent foreign authority (apostille) or legalization by the German diplomatic mission abroad.

There are costs for the notarization of the notarial application and the issuing of the documents.

Updating the civil status register at the registry office of the place of residence: free of charge.

Notarization of a birth abroad: subject to a fee

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 adoption are met, the court will issue an adoption order.

The registry office enters the birth and you as the adoptive parents in the civil register.

Note: The registry office that notarizes the birth of your child born abroad will automatically inform other registry offices.

The application for the adoption of a minor should be submitted in good time before the child reaches the age of majority.

The processing time depends on the family court.

• § Section 2 Adoption Effect Act (AdWirkG)
• § Section 5 Adoption Effect Act (AdWirkG)
• § Section 36 of the Civil Status Act (PStG) (births and deaths abroad)
• § Section 27 of the Civil Status Act (PStG) (establishment and amendment of civil status, other continuation)

The adoption decision cannot be contested.