Adopting from Germany

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

After Adoption

SOURCE

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