Revision as of 03:11, 6 March 2014

Hague Convention Information

Germany is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption(Hague Adoption Convention). Intercountry adoption processing in Hague countries is done in accordance with the requirements of the Convention; the U.S. implementing legislation, the Intercountry Adoption Act of 2000 (IAA); and the IAA’s implementing regulations, as well as the implementing legislation and regulations of Germany. Germany is not generally considered a country of origin in intercountry adoption. Only five German orphans have received U.S. immigrant visas since 2007. The information provided is intended primarily to assist in rare adoption cases from Germany, including adoptions of German children by relatives in the United States, as well as adoptions from third countries by U.S. citizens living in Germany.

U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS

To bring an adopted child to the United States from Germany, you must meet eligibility and suitability requirements. The U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) determines who can adopt under U.S. immigration law. Additionally, a child must meet the definition of Convention adoptee under U.S. law in order to immigrate to the United States on an IH-3 or IH-4 immigrant visa.

Who Can Adopt

Who Can Adopt In addition to the U.S. requirements, Germany requires prospective adoptive parents to meet the following requirements in order to adopt a child from Germany:

Residency

There are no residency requirements to adopt a child from Germany. There is no restriction on the nationality or citizenship of the adopting parent. Germany allows non-Germans to adopt a German child. U.S. citizens who are resident in Germany may apply to adopt from other countries through the German intercountry adoption process. These prospective adoptive parents may contact the relevant central authority for the area of their residence in order to initiate the process.

Age of Adopting Parents

The minimum age for an adopting parent is 25 years old. However, in the case of an adoption of a stepchild, the lower age limit of the adopting parent is 21 years. There is no legal upper age limit of an adopting parent. If a child is being adopted in Germany by foreign parents, the court has the right to take age restrictions in the laws of the parents’ home country into consideration. Although there is no statutory limit, pursuant to a recommendation by the Federal Working Group of the State Youth Welfare Offices, the age gap between the adopting parents and the child being adopted should not be greater than 40 years.

Marriage

Unmarried, single people, as well as one member of an unmarried heterosexual couple, can adopt a child in Germany. Married couples can only adopt together as husband and wife, with the minimum age for one parent being 25 years old and the minimum age of the second parent being at least 21 years old. Same-sex couples may register as a partnership, but partners cannot adopt jointly, as a married couple can. However, one member of a registered partnership may adopt the biological child of his or her registered partner. Also, one member of a registered partnership may adopt alone.

Income

N/A

Other

N/A

Who Can Be Adopted

Because Germany is party to The Hague Adoption Convention, children from Germany must meet the requirements of the Convention in order to be eligible for adoption. For example, the adoption may take place only if the competent authorities of Germany have determined that placement of the child within Germany has been given due consideration and that an intercountry adoption is in the child’s best interests. In addition to Germany’s requirements, a child must meet the definition of Convention adoptee to be eligible for an immigrant visa that will allow you to bring him or her to the United States.

ELIGIBILITY REQUIREMENTS:

Relinquishment/Consent: The parents of the child must provide consent to the adoption; this consent cannot be accepted by the court if the child is less than eight weeks of age. If the child is over eight weeks old and under the age of 14, the child’s legal guardian (sometimes, but not always, the parents) must also consent to the adoption on the child’s behalf. If the child is over the age of 14, s/he must personally consent to the adoption, with the concurrence of his/her legal guardian. In the case of children born out of wedlock, the biological father can surrender parental rights and consent to the adoption any time after conception and prior to the child’s birth. In this case, the mother must still wait until the child is eight weeks old to consent to adoption. As an additional requirement in cases where the citizenship of the adopting parent and the child being adopted are different, this consent has to be approved by the family court. However, it does not apply in the case of a domestic adoption subject to German law.

Abandonment: Consent is not required from a parent whose whereabouts are unknown (the court will determine the whereabouts unknown after six months of searching unsuccessfully). In addition, the court may waive the need for parental consent in several circumstances, including those related to the parent’s treatment of the child and the parent’s mental capacity. Ultimately, the courts will look at each case individually to determine if consent of a biological parent is needed.

Age of Adoptive Child: A person can be adopted at any age. Parents must wait until the child is eight weeks of age before consenting to adoption. Adoption of a person who has reached age 18, the age of majority in Germany, must be justifiable.

Sibling Adoptions: Sibling relationships are given consideration in adoption proceedings, but are considered on a case-by-case basis, with particular emphasis given to the positive or negative nature of the relationship between the siblings.

Special Needs or Medical Conditions: On a case-by-case basis, the court may require evidence that an adopting family is aware of and able to cope with a child’s special needs and may require families to submit to follow up assessment.

Waiting Period or Foster Care: Typically, the child must live with the prospective adoptive parents for a probationary period prior to the court issuing the adoption order.

How to Adopt

Adoption Authority

The Process

Traveling Abroad

After Adoption

SOURCE

Intercountry Adoption, Bureau of Consular Affairs. U.S. Department of State Country Information