A decision on adoption may not be made without the consent of the child, the child’s parents, or persons authorised to give consent on behalf of the parents and, where applicable, the adoptive parent’s spouse.
If a child being adopted has reached at least 12 years old, their personal consent is always required. If a child has not yet reached at least 12 years old, the consent to adoption is given by their guardian in their name; a court will typically appoint a child welfare authority as the guardian. The guardian will ascertain all the decisive facts before making the conclusion that the adoption will be in the interests of the child. Where possible, a court will also hear the child being adopted and take their statement into account with regard to the degree of their mental development. A child being adopted may withdraw their consent to adoption up until the decision on adoption.
The consent of a parent to adoption is given through a personal statement addressed to a court. Before a parent makes such statement, the court will duly advise them on the nature and consequences of the statement of consent and the nature of adoption.
The mother of a child being adopted may give consent to the adoption no earlier than six weeks after the child’s birth. The father of a child being adopted may give consent to the adoption even before the expiry of the above period, but no earlier than after birth. The consent of a parent to the adoption of their child is required even where the parent has not yet acquired full legal capacity. A parent who has not yet reached the age of 16 may not give consent to adoption. A parent whose legal capacity has been limited by a court decision may, in matters of adoption, including the consent to adoption, make juridical acts only to the extent to which their legal capacity has not been limited.
It is irrelevant whether or not the consent to adoption was given for a specifically designated adoptive parent. If consent to adoption was given for a specifically designated adoptive parent and the application to adopt is withdrawn or dismissed, the consent will cease to be effective. Consent to adoption will always cease to be effective if the adoption does not take place within six years from the date on which the consent was given.
Consent to adoption may be withdrawn within three months from the date on which it was given.
Consent to adoption of the parent of a child being adopted is not required if they have been deprived of their parental responsibility and the right to consent to adoption, they are not able to express their will and recognise the consequences of their acts or to control them, their whereabouts are unknown and a court, in cooperation with other public bodies, is unable to determine their whereabouts even by exercising the necessary care. Consent of a parent who evidently lacks interest in the child is not required for adoption, meaning if they fail to consistently display genuine interest in the child, thereby permanently culpably breaching their parental duties. If these facts apply to both parents, consent of the tutor or guardian of the child is required.