Adoption of a foreign child receiving accompaniment

Source: BUS Rheinland-Pfalz

One speaks of a foreign adoption when the child lives in another state before the adoption and moves or is to move to Germany due to the adoption. The nationality of the child and your own nationality do not matter.

The adoption can take place abroad, but also in Germany. Most often, however, it is pronounced in the country of origin.
Adoptions that are carried out in Germany are also considered international adoptions if the child has only come to Germany in the last 2 years prior to the application and the adopters live in Germany.

During the entire time, you will be accompanied by an intermediary that will advise and support you. On request, the placement office is there for you even after the conclusion of the adoption procedure. After adoption, the countries of origin usually want to be informed about the children's lives in the form of development reports. The exchange office will also discuss this with you.

In most cases, the process of an international adoption takes place in 3 steps:

Mediation procedure in Germany
Adoption procedures abroad
Recognition of adoption in Germany

In detail:

You register with an intermediary for international adoptions. This can either be the central adoption office of the State Youth Welfare Office or a non-governmental placement office that is approved for foreign adoptions. You will receive an initial consultation from the specialists.
It will then be checked whether you are suitable for adoption. This aptitude test consists of two parts:
In the general aptitude test, it is checked whether you are in principle suitable for adoption. This is usually done by your Youth Welfare Office.
The country-specific aptitude test checks whether you are specifically suitable for adopting a child from abroad. This is done by your international placement office to which you have applied.
After a positive review, your international placement agency will submit your adoption application to the adoptions office in the country you have chosen.
It usually takes some time until you are offered a child who needs you as a parent. During this waiting period, you will receive further advice from your international placement office and prepare you for adoption.
When a child is suggested to you, you usually already learn a lot about the child, such as his age, his state of health or his history. Your referral will discuss the proposal with you and help you decide whether you want to continue the adoption process with the proposed child. They travel to the child's country of origin in order to get to know him or her and - depending on the regulations in the country of origin - to spend the adoption care period with him.
Most often, the adoption procedure is carried out in the child's country of origin. Your Conciliation Office will advise you, prepare you for the procedure and support you during the procedure.
After the adoption procedure abroad, the adoption must be recognized in Germany. If the child's country of origin has joined the Hague Adoption Convention, it will issue you with a certificate (in accordance with Article 23 Hague Convention) automatically recognising the adoption in Germany; otherwise, you must apply for recognition at the family court in Germany. Only with the recognition is the foreign adoption also effective in Germany. More information can be found at How is foreign adoption recognized in Germany?
The application for recognition can already be issued by the child's country of origin. As a rule, this is also necessary so that you can enter Germany with the child: After you have submitted the application, your placement office will issue you with a certificate that it has carried out your adoption procedure. With this certificate, you can apply for a visa or other entry documents for the child at the German embassy or another foreign mission in the child's country of origin.
As soon as you have received the entry documents, you can enter Germany with the child.

If you want to adopt a child, you must have unlimited legal capacity and at least 25 years old under German law. If you are married, at least one of the spouses must be 25 years old, with the younger spouse being at least 21 years old.

A maximum age for adoptive parents is not set by law. According to the Federal Association of State Youth Welfare Offices, the age difference to the adopted child should correspond to a natural distance.
Normally, a married couple - regardless of gender - can only adopt a child together. Whether a foreign adoption by same-sex couples is possible depends largely on the legal situation in the country of origin of the adopted child. But single people can also adopt a child.

They must be suitable as adoptive parents. In addition, you must be specifically suitable for foreign adoption.

Further requirements arise from the law of the state from which the child originates.

Adoption of a foreign child receiving accompaniment

Process flow

Competent authority

Requirements

Legal basis

What else should I know?

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