Applying for the adoption of an adult

If you want to adopt an adult person, you and the person to be accepted can apply for this at the district court - family court

The acceptance of an adult as a child (adoption) is pronounced by the family court at the request of the adopter(s) and the person to be accepted.

An adult can be accepted as a child if the assumption is morally justified. This is to be assumed in particular if a parent-child relationship has already arisen between the acceptor and the person to be accepted.

The adoption of adults is generally designed as an adoption with weak effects, i.e. the family relationships of the adoptee to his biological family are not completely cut. Under certain conditions, however, it can also be pronounced as a full adoption, which leads to almost complete integration into the family of the adopter.

  • Notarized application of the acceptor and the person to be accepted
  • In the case of stepchild adoption, a notarized declaration of consent from the spouse of the adopter
  • Notarized declaration of consent of the spouse of the person to be accepted

None

Preconditions

  • You may accept an adult as a child if the assumption is morally justified.
  • This is the case if a parent-child relationship has already arisen.
  • This can be assumed, for example, if
  • the person to be adopted has already lived in your family as a minor child, and
  • legal reasons have prevented the adoption. Example: The biological parents refused to consent to adoption during the period of minority of the adopter.

Related Links

  • §§ 186 et seq. Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
  • §§ 1767 1772 Civil Code (BGB)

You must submit the required documents as notarized declarations to the family court.

  • You can also commission a notary with the submission.
  • If you have children of your own, the court will weigh up whether their overriding interests stand in the way of adoption.
  • This could be the case if the following claims were unreasonably reduced:
    • Maintenance claims
    • Inheritance claims
  • Even if the person to be accepted has children himself or herself, the court examines whether their overriding interests preclude acceptance. Therefore, the children of both parties have a right to be heard.
  • If the conditions for an adult adoption are met, the court pronounces the acceptance of the adult by order.

Responsible for the content
Lower Saxony Ministry of Justice

Last update or date of publication
10.11.2020