Adoption of a foreign child - conversion of a weak into a strong adoption
Source: BUS Rheinland-PfalzUpon request, the family court can convert a so-called weak adoption into a so-called strong adoption.
You must submit a notarised application for conversion to the competent district 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 is in the best interests of the child,
- the necessary consents to an acceptance with an effect terminating the parentchild relationship have been given, and
- do not conflict with the overriding interests of the husband, wife or children of the adopter or the 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 application, they will receive German citizenship if you or your husband or wife are German citizens.
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.
The family court in whose district a higher regional court has its seat decides on the application for the adoption of a foreign child – unless the respective Land government has made use of the other provision of jurisdiction made possible by § 5 sec. 2 AdwirkG – for the district of that higher regional court.
You have adopted a child abroad.
The court pronounces the adoption with strong effect if:
- this is in the best interests of the child,
- the necessary consents to an acceptance with an effect terminating the parentchild relationship have been given, and
- do not conflict with overriding interests of the husband, wife or children of the adopter or adopted child
- Notarized application for conversion of the adoption
- foreign adoption certificate.
Note: In most cases, foreign documents with authentication are necessary:
- by the competent foreign authority (apostille) or
- Legalisation by the German mission abroad.
- Notary fees
- Legal expenses
- the respective amount depends on the individual case
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At least 3 months due to the given procedure, in more complex procedures possibly longer
The rejection of the application can be challenged with the appeal within one month in accordance with §§ 58 ff. FamFG.
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10.09.2020
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