The adoption procedure consists of several stages and will take at least several months to complete. The final decision on adoption is taken by a court.
Requirements
If you want to adopt a child, you must comply with certain requirements set out in the Law on the legal regime of adoption. These requirements set certain restrictions for the potential adoptive parent which are designed to protect the interests of the child. These restrictions are related to the minimum age of the adoptive parent, the age gap between the parent and a child as well as restrictions related to the previous conduct of the prospective adopter.
example A person who has been convicted for a violent crime or whose parental rights have been previously revoked by the court, cannot become an adopter.
Application
The adoption procedure begins with an application to the local guardian authority. This application can be submitted by either a single person or a married couple.
Preliminary investigation
The local guardian authority investigates the applicant’s personal and family conditions and their motivation.
If the local guardian authority is satisfied with the information obtained during the investigation, it can decide to grant the status of an adopter to the applicant. This status gives the right to continue the adoption procedure.
Consent
A crucial condition in finding a particular child for adoption, is the consent. In case of adoption by the other spouse, the written consents from the child’s biological parents are requested, except for several situations specified in the law. The adoptable child must also give consent to the adoption. Read more about consent to adoption.
Taking into care
The prospective adoptive parents take the child they wish to adopt into their care for a period between 60 to 90 days to verify if the prospective parent is compatible with the child to be adopted. During this time, the local guardian authority will carry out a further investigation to evaluate the personalities of the prospective parents and the child, their relationship and mutual compatibility, the housing circumstances and other aspects important for the protection of the child’s interests.
Evaluation
The local guardian authority will evaluate and give its opinion on whether the adoption is in the best interests of the child. Based on that assessment, it will decide whether to allow or refuse the adoption. Read more about evaluation and the lawfulness of the local guardian authority decisions and actions in the adoption procedure.
Confirmation by the court
Adoption is confirmed by a court of general jurisdiction (civil court).
What human rights violation may there be?
If decisions in the adoption procedure are taken unlawfully, they may violate your right to a private and family life.
If your rights in the adoption procedure are not respected, it may also result in a violation of your right to a fair trial.
If the adoption is denied, based only on the prospective parents’ race, origin, religious beliefs, political affiliation, sexual orientation or other similar grounds, it may violate the prohibition on discrimination and unequal treatment.
Read more about how to complain if your rights have been violated.