Adopting adults with effect of adopting minors

The application for adult adoption with the effects of accepting minors must be applied for by a notary. The application is forwarded to the competent family court. If the conditions for an adult adoption with the effects of an acceptance of minors are met, the court pronounces the adoption of the adult by order.

The application for adult adoption with the effects of accepting minors must be submitted to a notary. The application is made by both the acceptor and the acceptor(s).

Adult adoption, with the effects of accepting minors, is pronounced by the family court in whose district the adopter or one of the adopters usually resides.

It is possible to submit an application if:

• the adopter has not yet reached the age of 18, or
• a minor sibling is to be adopted beforehand or at the same time, or
• the adopter has already been accepted into the family before reaching the age of majority, or
• the adoption is a stepchild adoption.

Adult adoption with the effects of accepting minors presupposes that there is a parent-child relationship.

In particular, the following documents are required for the adoption procedure:

Written, notarized declarations of consent from the following persons:

• Adopters (adoptive parents)
• To be assumed
• Spouse or life partner of the adopter
• Spouse or life partner of the adoptee
• Birth certificate of adoptee and adoptive parents
• Health certificate of the adopter and the adoptive parents
• Registration certificate of the adopter and the adoptive parents
• Extended police clearance certificate of the adopter and the adoptive parents
• Proof of nationality of adoptee and adoptive parents
• Proof of income of adoptive parents
• Marriage certificate of the adoptive parents
• Marriage certificate of the adoptee, if married

There are fees for notarial certification. The amount of the costs depends on whether the application of the acceptor or the acceptor is declared in one or more documents.

It is recommended that the application for adult adoption be made with the effects of accepting minors if it is foreseeable that the adopter will reach the age of majority before the adoption decision.

The processing time depends on the local family court.

• § 1772 German Civil Code (BGB)

The application for adult adoption with the effects of accepting minors is governed by the Civil Code. The application must be notarised before a notary. They forward the application to the competent family court.

In the case of adoption of a minor by German citizens, the child receives German citizenship. This is not the case with the adoption of an adult. An exception exists in the case of an adult adoption with effects of a minor adoption if the adoption was applied for before reaching the age of majority.

11.09.2020