Revision as of 19:51, 11 February 2014

Hague Convention Information

Austria is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention ). Therefore all adoptions between Austria and the United States must meet the requirements of the Convention and U.S. law implementing the Convention.

Austria is not considered a country of origin in intercountry adoption. The information provided is intended primarily to assist in extremely rare adoption cases from Austria, including adoptions of Austrian children by relatives in the United States, as well as adoptions from third countries by Americans living in Austria.

Who Can Adopt

Adoption between the United States and Austria is governed by the Hague Adoption Convention. Therefore to adopt from Austria, you must first be found eligible to adopt by the U.S. Government. The U.S. Government agency responsible for making this determination is the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). Learn more.

In addition to these U.S. requirements for prospective adoptive parents, Austria also has the following requirements for prospective adoptive parents:

Residency

The adoptive parents need to be legal residents of Austria.

Age of Adopting Parents

The adopting father must be at least 30 years old and the adopting mother 28 years old. The prospective adoptive parent must be 18 years older than the adoptee, with limited exceptions. There is no maximum age limit.

Marriage

The Austrian government prefers that the prospective adoptive parents be married, although the law does not officially specify this. If married, the couple must apply jointly. If not married, only one prospective adoptive parent may apply.

Income

N/A

Other

If the adoptive parents already have children of their own (either biological or adopted), they may have less of a chance to adopt. The adoptive parents must also meet certain personal, social, health, and economic conditions determined by the local youth welfare authority,. If they are found to be suitable an extensive home study is prepared by their social workers. In some Austrian Provinces it is obligatory for prospective adoptive parents to attend a training seminar. Finally, the adoptive parents must have no criminal record.

Who Can Be Adopted

Because Austria is party to the Hague Adoption Convention, children from Austria must meet the requirements of the Convention in order to be eligible for adoption. For example, the Convention requires that Austria attempt to place a child with a family in-country before determining that a child is eligible for intercountry adoption. In addition to Austria'S requirements, a child must meet the definition of a Convention adoptee for you to bring him or her back to the United States.

Please note: There are very few Austrian children eligible for intercountry adoption.

Relinquishment Requirements:

If the child is legitimate, the prospective adoptive parent(s) must enter into a contract with the child's biological father (if contact can be made). This contract must contain certain legal requirements, including both of the birthparents' consents.

Abandonment Requirements:

If the child is an orphan or illegitimate child, his/her legal guardian must sign the adoption contract. In addition, the child's mother (again, if contact is possible) must give her written consent to the adoption, unless she herself signed the adoption contract as legal guardian of the child. All signatures on the adoption contract as well as the biological mother's signature on her consent to the adoption must be notarized either by an Austrian notary public (within Austria) or by a notary public outside of Austria whose signature is authenticated via the "apostille" procedure. A fact sheet outlining this latter procedure may be accessed on the Internet at [Hague Legalization Convention http://www.hcch.net/index_en.php?act=home.splash]).

How to Adopt

Adoption Authority

The Bundesministerium für Justiz (Federal Ministry of Justice) in Vienna is the federal Central Authority for adoption in Austria.

However, the local adoption authorities in the various provinces are responsible for setting and administering adoption policies and procedures. See Contact Information for the provincial adoption authorities in the nine provinces, including the City of Vienna.

The Process

Traveling Abroad

After Adoption

SOURCE

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