Volljährigen adoptieren

If you wish to adopt an adult, you and the person to be adopted can apply to the family court.

You can adopt (adopt) an adult as a child if you seek a parent-child relationship with the person and this is morally justified. This is assumed in particular if there is already a parent-child relationship between you as the adopter and the adult person; for example, with a stepchild or foster child. If such a relationship does not yet exist, there must be such a strong emotional connection that a relationship similar to the parent-child relationship is to be expected. In addition, the assumption must appear morally justified in view of the objective pursued. This means that the application for acceptance must not violate a moral prohibition and/or pursue exclusively a material purpose, such as the avoidance of inheritance tax or the establishment of a right of residence.

In order to adopt the adult as a family member, you and the person must file an application with the family court.

Adult adoption is basically an adoption with a weak effect. This means that the family relationships of the adopted adult to his biological family are not abolished, only the newly created relationship with the adopters is added.

Under certain conditions and upon request, adoption with more far-reaching legal consequences, such as those applicable to the adoption of minors, is also possible. One then also speaks of a "full adoption" or adoption with "strong effect". This would result in an almost complete legal integration of the adult into your family. This means that the family relationship and thus, among other things, all inheritance and maintenance obligations towards the biological parents are abolished. This does not apply in the case of stepchild adoption, the continuing relationship to the remaining parent.

• a notarised application by the adopter and the person of legal age; applications must not be subject to any condition or timing
• if the adopter or adopter is married or in a civil partnership, a notarised declaration of consent from the spouse or partner
• the family court may request further necessary documents; for example, proof of civil status (such as birth or marriage certificates)

• You may adopt an adult as a child if the acceptance is morally justified. Thus, the request for acceptance is based on an existing parent-child relationship or a comparably strong inner connection and does not violate a moral prohibition and/or does not exclusively pursue a material purpose. This is the case, for example, if the person to be adopted has already lived in your family as a minor child.
• The adoption must not be opposed by any overriding interests of third parties, such as your biological children.
• According to case law, there should normally be an age gap (at least 15 years) corresponding to a parent-child relationship.
• The applications and, if necessary, necessary consents (for example of the spouses) must be submitted in notarized form.

The following are incurred:

• Notary fees
• Legal expenses
• if applicable, lawyer's fees

The respective amount depends on the individual case.

You must submit the necessary documents and the applications (acceptors and acceptors) in writing to the locally competent family court. You can also instruct a notary to file the file.

The court then examines whether all the necessary conditions for adoption are met, such as:

• what is the relationship to the assumption
• whether the assumption is morally justified
• whether the adopter has reached the minimum age required for adoption (completion of the age of 21 or 25)
• whether there is a sufficient age gap to be assumed
• whether overriding interests of third parties preclude the adoption; for example the biological children of the adopter or the adopter or the parents of the adopter.

To this end, the court hears, inter alia, the parties and, where appropriate, other persons.
 
If the conditions for an adult adoption are met, the court pronounces the adoption of the adult by order.

There is no deadline.

It is possible to file a complaint.

• Adoption of an adult debate
• Notarised applications of acceptor and acceptee
• Assumption morally justified, especially given in an existing parent-child relationship (e.g. foster / stepchild)
• Responsible: Family court at the local district court

Forms available: No
Written form required: Yes
Informal application possible: No
Personal appearance necessary: No, not with regard to the submission to the court, but with the notarization of the application before the notary (highly personal application).

Online services available: No