How does the legal recognition of foreign adoptions proceed?
April 24, 2023 | 50,00 EUR | answered by Gerald Endres
Dear Attorney specializing in International Law,
My name is Thomas Völker and I have a question regarding the legal recognition of foreign adoptions. My wife and I adopted a child from abroad some time ago, and now we are facing the question of how we can legally recognize the adoption.
The situation is as follows: We decided to adopt a child from abroad because we have longed for a child of our own and want to offer a loving family to these children. After a long and elaborate adoption process, we have welcomed the child into our family and they are already an integral part of our family.
However, the current situation is that the adoption has only been legally recognized in the foreign country. We are unsure of how to also have the adoption legally recognized in Germany and what steps are necessary for this. We are concerned that there may be potential issues if the adoption is not recognized here, for example in terms of inheritance law or other legal matters.
Therefore, my question to you is: How does the legal recognition of foreign adoptions in Germany work and what steps do we need to take? Are there any specific requirements or deadlines that we should be aware of? We would be grateful for any information and support in order to legally secure the adoption of our child here as well.
Thank you in advance for your assistance.
Sincerely,
Thomas Völker
Dear Mr. Völker,
Thank you for your inquiry regarding the legal recognition of foreign adoptions in Germany. It is understandable that you are concerned about the legal protection of the adoption of your child, and I will be happy to assist you.
In principle, it is possible to legally recognize an adoption that took place abroad in Germany. Certain conditions must be met for this to happen. Firstly, the foreign adoption must comply with German legal norms, particularly the fundamental principles of German adoption law.
To have the foreign adoption recognized in Germany, you must submit an application to the Family Court. In this application, you must provide all relevant documents that prove the legality and validity of the foreign adoption. This may include the adoption judgment from abroad, evidence of the biological parents' consent, and any other relevant documents.
The Family Court will then review the application and the documents submitted. If the requirements are met, the foreign adoption will be legally recognized in Germany. After recognition, you will have the same rights and obligations as with a domestic adoption. This includes custody rights, maintenance rights, and inheritance matters, among others.
It is important to submit the application for recognition of the foreign adoption in a timely manner to avoid any legal uncertainties. It may also be helpful to seek advice from a lawyer specializing in International Law to ensure that all necessary steps are carried out correctly.
I hope that this information has been helpful to you, and I am available to answer any further questions you may have. I wish you and your family all the best and good luck for the future.
Sincerely,
Gerald Endres
Lawyer specializing in International Law
