A child cannot be adopted if their biological parents or legal guardians do not agree to the adoption.
Conditions and exceptions
The parent’s consent to give the child up for an adoption enters into force only eight weeks after the birth.
Estonian law sets out exceptional situations when the consent of parents or legal guardians is not needed.
example The consent for an adoption is not needed if the parent has been deprived of the right of custody in full.
Child’s consent
If a child has reached 10 years of age, their consent is necessary for the adoption. This is necessary to protect the child’s best interests.
example If the adoptive parents are willing to adopt a child, but the child does not want to join their family, the child’s interests must prevail over those of the prospective parents.
Revocation of consent
The consent of a child may be revoced until the court passes the decision regarding the adoption.