Adopt adults

You must submit the necessary documents and the applications (acceptors and acceptors) in writing to the locally competent family court. You can also instruct a notary to file the file.

The court then examines whether all the necessary conditions for adoption are met, such as:

• what is the relationship to the assumption
• whether the assumption is morally justified
• whether the adopter has reached the minimum age required for adoption (completion of the age of 21 or 25)
• whether there is a sufficient age gap to be assumed
• whether overriding interests of third parties preclude the adoption; for example the biological children of the adopter or the adopter or the parents of the adopter.

To this end, the court hears, inter alia, the parties and, where appropriate, other persons.
 
If the conditions for an adult adoption are met, the court pronounces the adoption of the adult by order.

• You may adopt an adult as a child if the acceptance is morally justified. Thus, the request for acceptance is based on an existing parent-child relationship or a comparably strong inner connection and does not violate a moral prohibition and/or does not exclusively pursue a material purpose. This is the case, for example, if the person to be adopted has already lived in your family as a minor child.
• The adoption must not be opposed by any overriding interests of third parties, such as your biological children.
• According to case law, there should normally be an age gap (at least 15 years) corresponding to a parent-child relationship.
• The applications and, if necessary, necessary consents (for example of the spouses) must be submitted in notarized form.

• a notarised application by the adopter and the person of legal age; applications must not be subject to any condition or timing
• if the adopter or adopter is married or in a civil partnership, a notarised declaration of consent from the spouse or partner
• the family court may request further necessary documents; for example, proof of civil status (such as birth or marriage certificates)

The following are incurred:

• Notary fees
• Legal expenses
• if applicable, lawyer's fees

The respective amount depends on the individual case.

There is no deadline.

• Sections 186 to 199 of the Act on Procedure in Family Matters and in Matters of Voluntary Jurisdiction (FamFG); as far as applicable in detail in the case of adult adoption.
• §§ 1767 to 1772 German Civil Code (BGB)

It is possible to file a complaint.

Forms available: No
Written form required: Yes
Informal application possible: No
Personal appearance necessary: No, not with regard to the submission to the court, but with the notarization of the application before the notary (highly personal application).

Online services available: No

06.07.2022