A minor child who has not acquired full legal capacity can be adopted. The adoption of a minor child must be in accordance with their interests.
There must be a reasonable age difference between the adoptive parent and the adopted child, usually not less than 16 years.
Only an adult with legal competence who guarantees with their personal qualities and way of life, as well as the reasons and motives that lead them to adopt, that they will be a good parent for the adopted child, can become an adoptive parent. The state of health of the adoptive parent or of both adoptive parents must not significantly limit their care of the adopted child.
Only spouses or one spouse can become adoptive parents. In exceptional cases, another person may become an adoptive parent. In such a case, a court shall also decide that the entry concerning the other parent is deleted from the registry of births, deaths and marriages. In the case of adoption by a person who is a parent, a court shall assess whether the adoption is not in fundamental conflict with the interests of the adoptive parent’s children.
Adoption is excluded among persons related in direct line and between siblings. This does not apply in the case of surrogate maternity.
A court will decide on the adoption of a minor child upon petition by the person who wants to adopt the child. When a child is adopted by spouses, the spouses file the application for adoption jointly as joint adoptive parents. The petitioner shall attach a decision of the competent public authority on consent to the adoption to the application for the adoption of a child from or to a foreign country.
Consent of the child and their parents to adoption
Care for a child before adoption
Consequences of adoption
Cancellation of adoption