Adopting a child from abroad

Adoption from abroad is associated with many questions: What are the requirements? How does the process work? And what other aspects need to be considered? International adoptions are often complex and require good preparation. You can find out in this article whether you have everything in place for adopting a child from overseas. It will also give you an initial overview of the most important steps.

An international or “intercountry” adoption occurs when a child from another country is taken in by adoptive parents – either through legal adoption locally or after later recognition in Germany. This brings with it special challenges: the adoption must comply with both the laws of the country of origin and the German regulations.  Compared to domestic adoptions, there is much more red tape, as overseas adoption entails international agreements, translations and additional approvals. Those involved often also have to cope with cultural differences.

Are you considering adopting a child from abroad? Then you should seek advice at an early stage. The first points of contact are youth welfare offices or specialised adoption agencies, which will provide information about the legal framework and the process.

If you want to adopt a child from abroad, you must meet certain requirements. These can vary depending on the country of origin, but there are some general basic requirements:

• Both married couples and single people are allowed to adopt a child, although some countries only place children with married couples.
• At least one spouse must have a permanent domicile in Germany.
• You must be at least 25 years old. If you are married, one spouse may be younger, but must be at least 21 years old. You must also meet the age requirements of the respective country.
• You should have full legal capacity.
• You should be able to demonstrate a stable income and a secure financial position. Some countries require a minimum income.
• You should be physically and mentally healthy. Medical certificates concerning your state of health are often requested.
• You should have sufficient space in your home for a child.

Adoption from abroad is a long and complex process. To ensure that everything goes smoothly, there are established steps that you should keep in mind. Below, you will find out which stages you will go through, from the first consultation to adoption in the child’s country of origin.

Before the actual adoption process begins, you should ensure that you are well informed. To help you with this, various contact points are available that will provide information about basic requirements and processes and be available to advise you at any time.

• Youth welfare office: The local youth welfare office offers general information on adoption and can establish contact with recognised bodies.
• Adoption counselling centres: Specialised centres advise on the various adoption channels and support adoptive parents throughout the process.
• Federal Central Authority for Intercountry Adoption (BZAA): It provides information on the legal framework and approved placement agencies.

If, having received thorough advice, you have now decided to move forward with an international adoption, you should contact a state-recognised agency for foreign adoptions. These agencies specialise in supporting adoptive parents with adoptions from abroad and in ensuring that all requirements are met. The Federal Central Authority for Intercountry Adoption provides an overview of the approved placement agencies.

The placement agency will assess your suitability, help you put together the necessary documents and send your application portfolio to the respective country in which you want to adopt. The placement agency will also be available to advise you at any time throughout the entire process, from the initial application to the official adoption and recognition.

Your suitability as an adoptive parent will have to be assessed before you can move forward with an adoption. This step is crucial to ensuring the adopted child will grow up in a stable, safe and loving environment. The assessment for an international adoption takes place in two steps: first, the youth welfare office or a recognised placement agency will examine your general suitability, followed by a country-specific review.  

In the general suitability assessment, you will undergo several interviews to learn more about your motivation and parenting ability. Your housing situation will also be evaluated. This is often done through home visits. Your financial stability and health situation will also be examined. To this end, you will be required to submit the following documents:

• Identity card or passport
• Birth certificate
• Medical certificates concerning your health status
• Proof of income or tax assessments
• Police clearance certificate  
• Marriage certificate

The results of the assessment are summarised in a social report. In some cases, you may be required to attend adoption preparation courses.

Once you have passed the general suitability assessment, you will undergo country-specific evaluation. Your documents and the social report will be examined. Some countries require additional documents, health certificates, psychological assessments or certain proof of income and age.

Once you have successfully completed both registration assessments, the application folder with all the necessary documents will be sent to the country of your choice. After that, the often long and emotional search for your adopted child begins – a process that can take months or even years.

Many countries of origin require official documents to be translated into their national language or English and certified before they are accepted in the application portfolio. These translations must be made by court-sworn translators to ensure their accuracy and official recognition. In some cases, notarisation or an apostille is also required.

Since the requirements vary from country to country, you should make sure to find out early on which documents you have to provide.

As soon as an adoption becomes possible, you will receive the placement proposal. You will be given basic information about your adoptive child: age, health status and background.

If you decide to adopt, the next step is to travel to the country of origin to get to know your adoptive child personally. Some countries also require the potential adoptive parents to take over the care of the child for a certain period of time before the adoption is officially concluded. The actual adoption procedure usually takes place in the country of origin according to national regulations. Your placement agency will accompany you through this, support you with the official formalities and prepare you for the next steps.  

The next step is to have the adoption legally recognised in Germany as well. Your child only receives German citizenship once this step is completed. The procedure for recognition can already be initiated in the country of origin and will differ depending on the child’s home country.

If your adopted child comes from a country that is a party to the Hague Adoption Convention (HAC), recognition in Germany is a straightforward procedure. After completion of the adoption process, you will receive a certificate of conformity pursuant to Article 23 HAC, which confirms that the adoption meets international standards. The adoption is automatically recognised in Germany on the basis of this certificate.

If your adopted child comes from a country that is not a party to the Hague Convention, you will need to go through an additional recognition procedure. In this case, you have to apply to the competent family court in Germany for recognition of the intercountry adoption. The court examines whether the adoption procedure in the country of origin is lawful and compatible with German law.  

For the recognition procedure, you will have to have all documents that are not in German, such as the birth and adoption certificate, translated and certified.

The adoption is final and absolute only after judicial recognition in Germany.

Adoption from a foreign country comes with many challenges. These tips will help you master the process:

• Early counselling: Get support from youth welfare offices, recognised placement agencies and self-help groups with experienced adoptive parents.
• Patience: The adoption process can take years. Use the waiting time to prepare and get advice.
• Flexibility: Every adoption process is individual and unforeseen changes are part of it. The process will be easier for you if you approach it with an open and adaptable attitude.
• Financial planning: In addition to agency costs, you can expect to incur expenses for travel, translations and legal procedures.
• Respect the cultural identity of the child: Integrate your adopted child’s native culture into your family life. Also, if necessary, find out how to deal with discrimination.
• Take advantage of follow-up support: Many placement agencies also offer advice and support after the adoption.