Adoption of a foreign child Decision to convert a weak into a strong adoption
This service is provided by the judiciary.
A so-called weak adoption of a child made abroad can be converted into a so-called strong adoption by order of the family court.
Description
Upon request, the family court can convert a so-called weak adoption into a so-called strong adoption.
Competent office
Unless the respective Land government has made use of the other provision of jurisdiction made possible by § 6 sec. 2 AdWirkG, the family court in whose district a higher regional court has its seat decides on the application for the adoption of a foreign child for the district of this higher regional court. In Hesse, the District Court of Frankfurt am Main (Family Court) is responsible for the district of the Higher Regional Court of Frankfurt am Main.
Contact point
Please contact the competent family court at your local court.
Contact person
Required documents
- Notarized application for conversion of the adoption
- foreign adoption certificate.
Note: In most cases, foreign documents with authentication are necessary:
- by the competent foreign authority (apostille) or
- Legalisation by the German mission abroad.
Forms
none
Prerequisites
You have adopted a child abroad.
The court pronounces the adoption with strong effect if:
- this is in the best interests of the child,
- the necessary consents have been given for an acceptance with an effect terminating the parent-child relationship, and
- overriding interests of the wife, husband, life partner or children of the adopter or adopted child do not conflict with this.
Basis for legal action
Legal remedy
The rejection of the application can be challenged with the appeal within one month in accordance with §§ 58 ff. FamFG.
Procedure
You must submit a notarised application for conversion to the competent district court. The court examines the application and also involves the locally competent youth welfare office and the central adoption office of the State Youth Welfare Office during the proceedings.
The court pronounces the adoption with strong effect if:
- this is in the best interests of the child,
- the necessary consents have been given for an acceptance with an effect terminating the parent-child relationship, and
- do not conflict with the overriding interests of the husband, wife or children of the adopter or the adopted child.
Your adopted child then has all the rights and obligations of a biological child. In addition, if they are not yet 18 years old at the time of application, they will receive German citizenship if you or your husband or wife are German citizens.
Deadlines
There are no deadlines to observe.
Processing time
At least 3 months due to the given procedure, in more complex procedures possibly longer
Costs
- Notary fees
- Legal expenses
- the respective amount depends on the individual case
Notes (specifics)
Area of validity
Hesse
Official approval
Officially approved by Hessian Ministry of Justice on 18.06.2021
Keywords
Abroad