This applies to the adoption of children or adults

Schleswig-Holstein Chamber of Notaries. Adoption is often considered when children live in a patchwork or foster family for a long period of time and there is little or no contact with the biological parents. However, the specific legal requirements differ depending on the age of the prospective adoptive child. In the case of underage children, the consent of the biological parents is required, whereby the existing legal relationship ends with the adoption.

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Adoption of minors

When a minor is adopted, the relationship to the family in which the child has lived up to that point is always completely severed. If a child who lives with one biological parent and one stepparent is to be adopted, the other biological parent must therefore give their consent. In the event of a dispute, a family court can grant consent instead. The decisive factor is that the adoption is in the best interests of the child. If the child has reached the age of 14, they must also give their consent. Before the 14th birthday, this is done by the legal representative, for example a custodial parent.

When adults allow themselves to be adopted

The consent of the biological parents is no longer required for the adoption of adults. However, the adoption must be morally justified. In particular, this includes an existing parent-child relationship. There are basically two types of adult adoption. In the case of so-called weak adoption, the relationship to the biological parents remains in place. This means that the adoptee can be entitled to up to four inheritance and compulsory portions as well as Maintenance obligations arise towards both the biological and adoptive parents. Strong adoption, on the other hand, terminates the family relationship with the biological parents, including the aforementioned obligations.

Requirements for a strong adoption

As a rule, the court will only approve the strong adoption of an adult if there are certain reasons. These include the fact that the family has already adopted underage siblings of the now adult child or is adopting them at the same time. Or the adult has already lived in the family as a minor, but the birth parents have not given their consent to the adoption. Other possible examples are spouses who adopt their stepchildren or if the child is not yet of age at the time of the application.

Legal steps towards adult adoption

To adopt an adult, the adoptive parents and the adult must submit a notarized application to the family court. Adoption application. If the person wishing to adopt is already married or living in a registered civil partnership, their spouse or registered partner must also give their consent. The application must be accompanied by a number of documents such as the marriage certificate of the adoptive parents and police clearance certificates. In addition, the parties involved and the biological children are interviewed to ensure that a family relationship actually exists.

No difference to biological children

Adoption puts the adopted child on an equal footing with biological and other adopted children in all respects. This applies to both underage and adult adopted children. The court sends its decision to the registry office and the adoption is automatically entered in the register of births. The adoptive parents or, in the case of an adult adoption, the adoptee can now apply for a new birth certificate with a new name. In addition, the birth name is adapted to the name of the adoptive family. No exceptions are permitted here, which can be a problem, especially for older adults who have made a name for themselves professionally, for example.

If you would like advice on this topic from a notary in advance, you can find it on the Internet at https://notar.de/ the right contact person. You can also visit the online consumer portal of the Chamber of Notaries at https://ratgeber-notar.de/.