The adoption procedure consists of several stages and will take at least a year to complete. The final decision on adoption is taken by a court.

Requirements

If you want to adopt a child, you must comply with certain requirements set out in the law. These requirements set certain restrictions for the potential adoptive parent which are designed to protect the interests of the child. These restrictions are related to the minimum age of the adoptive parent. You have to be at least 25 years old. The court may exceptionally allow for a 18 year old person to adopt.

Application

The adoption procedure begins with an application to the Social Insurance Board. This application can be submitted by either a single person or a married couple.

Preparation of adoption

The Social Insurance Board shall perform the acts relating to the preparation of adoption and explain the persons wishing to adopt their rights and the legal consequences of adoption. The Board examines the living conditions of the person wishing to adopt. A person wishing to adopt may be requested to by the Board to complete an appropriate training programme prior to adoption. 

In the course of the preparation of adoption, the Social Insurance Board will 

bring the child into contact with the adoptive parent. The Board will explain the child, together with the legal representative of the child, circumstances relating to adoption in a manner which takes account of their development level and is understandable to the child.

Consent

If the child has reached 10 years of age, they must give consent to the adoption. Consent is needed also from the child’s biological parents or their legal guardian. Read more about consent to adoption.

Confirmation by the court

Adoption is decided by a court of general jurisdiction (civil court).

What human rights violation may there be?

If decisions in the adoption procedure are taken unlawfully, they may violate your right to a private and family life.

If your rights in the adoption procedure are not respected, it may also result in a violation of your right to a fair trial.

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.

Read more about how to complain if your rights have been violated.

Resources

Last updated 18/08/2020