Decision to convert a weak into a strong adoption of a foreign child

Prerequisites

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 for an adoption with an effect terminating the parent-child relationship have been given and
• the overriding interests of the husband, wife or children of the adoptive parent or child are not conflicting.

Documents required

• Notarized application for conversion of adoption
• foreign adoption certificate.
• the declarations of consent of the biological parents usually in notarial form
• Social report of the foreign youth welfare office
• As a rule, the responsible authority will request further documents relating to the personal circumstances of those involved. Submit these documents on time.

Note: In most cases, foreign documents require additional authentication:

• by the competent foreign authority (Apostille) or
• Legalization by the German diplomatic mission abroad.

Please note

Legal advice is not available at the district court. Please contact the persons authorized to provide legal advice. These are lawyers or notaries.
The Public Legal Advice Service (ÖRA) offers low-cost legal advice for people with low incomes.

Deadlines

No

Procedure

You must submit a notarized application for conversion to the responsible local court.

The court examines the application and involves during the proceedings

• the adoption agency involved
• the local youth welfare office
• the central adoption office of the State Youth Welfare Office

The court pronounces the adoption with strong effect if

• this serves the best interests of the child
• the necessary consents for an adoption with an effect terminating the parent-child relationship have been given and
• the overriding interests of the husband, wife or children of the adoptive parent or child are not contrary

Your adopted child will then have all the rights and responsibilities of a biological child. In addition, if he or she is not yet 18 years old at the time of the application, he or she will receive German citizenship if you or your husband or wife are German citizens.

Processing time

At least 3 months due to the prescribed procedure, possibly longer in more complex procedures.

Fees

• Notary fees


• Court costs


• the respective amount depends on the individual case

Legal remedies

The rejection of the application can be contested by means of an appeal within one month in accordance with Sections 58 et seq. FamFG.

Legal basis

§§ 97 ff. Law on the Procedure in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)

§ 3 Adoption Effects Act (AdWirkG)

§ 5 Adoption Effects Act (AdWirkG)