To be lawful, the adoption procedure must be in accordance with the law. This means that the adoption procedure must fulfil all the requirements provided by law, including, for example, the consent of all parties. The Social Insurance Board is to make an evaluation only on the basis of those criteria which are provided in law. The primary consideration should always be the best interests of the child.
The Social Insurance Board submits to the court information on the health, financial situation and housing of the petitioner, and provides an opinion on whether the petitioner is capable of raising the child, caring for the child and maintaining the child.
Unlawful or unjustified actions and decisions within the adoption procedure may lead to a violation of your right to a private and family life.
example If, as a biological parent, your consent to the adoption of your child was required, but you didn’t provide it, your right to a family life may be violated.
Principle of child’s best interests
The best interests of the child must be taken into account at all stages of the adoption. This means that the best interests of the child should always be the primary concern in all decisions taken in the adoption procedure. This also means that the interests of the child, and not those of the prospective adoptive parents, should prevail. The court can decide for the adoption only if there is reason to believe that a parent-child relationship will form between the adoptive parent and the adopted child.
Prohibition of discrimination
If the adoption is denied, based only on the prospective parents’ race, origin, religious beliefs, political affiliation, sexual orientation or other similar grounds, it may violate the prohibition on discrimination and unequal treatment.
example If you wish to adopt your partner’s child (second-parent adoption), but are not allowed to do so because you are a trans person, your right to be treated equally may be violated.
[important] Please note that restrictions in the adoption procedure or even a refusal to allow the adoption of a child do not automatically violate your human rights.
Complaints
You may file an appeal against an order denying the adoption.
You should complain to the Social Insurance Board or the police, if your child has been given up for adoption without your consent.