Stepchild Adoption - General Information

It is possible to grant permission to one of the spouses or an individual in an unregistered cohabitation to adopt the other’s child. Such an adoption is called a stepchild adoption.

The application for stepchild adoption is submitted by the stepparent who wishes to adopt their stepchild.

Stepchild adoption may apply to children under the age of 18 as well as to adults who have reached legal age.

It is required that the applicant has taken on a parental role towards the individual being adopted and has participated in the upbringing of the prospective adopted child.

Conditions for Stepchild Adoption

Cohabitation and Duration of Cohabitation

When an application for stepchild adoption is submitted, the applicant (stepparent) must have been in continuous cohabitation with the parent or adoptive parent of the child for at least five years. This applies whether they are married or in an unregistered cohabitation.

Unregistered cohabitation refers to two individuals living together according to the National Registry or as evidenced by unequivocal documents. The applicant must be in a marriage, registered partnership, or unregistered cohabitation with the parent of the child at the time of submitting the application to the District Commissioner.

The five-year continuous cohabitation requirement may be waived if the child was conceived through assisted reproduction and cannot be paternally acknowledged for that reason. In such cases, the cohabitation must have been continuous for at least two and a half years.

As for stepchild adoption for adults, they are permitted:

• if the applicant has participated in the upbringing of the person to be adopted for at least five years while the individual was a child,

• if there are other particularly special reasons favoring the adoption.

Consent or Remarks for Stepchild Adoption

The person to be adopted must provide written consent for the adoption before a representative of the District Commissioner and at the same time receive guidance on the legal implications of adoption.

A child who is 12 years or older cannot be adopted without their consent. The Child Protection Committee talks to the child before they give their consent to the District Commissioner.

If the child to be adopted is younger than 12, their opinion should be sought by the Child Protection Committee if deemed feasible, considering the child's age and maturity.

The spouse of the applicant, i.e., the other parent of the child, must also consent to the adoption in the presence of the District Commissioner’s representative and, at the same time, receive guidance on the legal implications of adoption.

Parental consent is required for the adoption of a child. Exceptions to this rule are specified in adoption law.

The biological parent who does not have custody of the child should be consulted before deciding on the adoption application.

Stepchild adoption of a child under 18 is generally not approved unless the consent of the biological parent is obtained. If the biological parent objects to the adoption or their position is not known, the application is generally denied unless there are compelling reasons to approve it.

In the case of stepchild adoption for a legal adult, the consent of the biological parent is not required for the application’s approval. However, the application will be presented to the biological parent, who will be given the opportunity to provide their opinion on the application.

A statement from the spouse or cohabiting partner of the person to be adopted is required for the application for the adoption of a legal adult.

If the adoption of a child is requested and their parent is deceased, the opinion of the deceased parent's parents, siblings, and the child’s siblings should be sought before deciding on the adoption application. Opinions from others who are close to the child may also be sought if deemed necessary.

Applicant’s Age

Permission to adopt will only be granted to those who are at least 25 years old. However, permission may be granted to those who are at least 20 years old if there are special circumstances.

Physical and Mental Health

The following health regulations apply when requesting the adoption of a child under 18. Exceptions may be made under special circumstances.

• The applicant must be in such mental and physical health to ensure, as far as possible, that the adoption will be in the child's best interests.

• Applicants must not suffer from an illness or condition that reduces their life expectancy until the child reaches adulthood or limits their ability to provide proper care for the child.

• A list of illnesses and conditions that may result in the rejection of an application for pre-approval of adoption is found in the adoption regulations. The list is not exhaustive.

• Applicants must submit health information and a medical certificate with their application.

Other Conditions

Adoption permission for a child under 18 should not be granted unless it is shown, following an investigation by the Child Protection Committee into the child's and applicants' circumstances, that the adoption is in the child's best interests.

The following requirements apply for the adoption of a child under 18:

• Applicants must possess the qualities and understanding of children's needs that make them well-suited to fulfilling parental responsibilities.

• The applicant's financial situation must be stable.

• Applicants must have adequate housing and other facilities to provide a supportive environment for the upbringing of the child.

• The applicant must not have been convicted of a crime that could call into question their ability to provide proper care for a child.