Усиновлення іноземної дитини - перетворення слабкого усиновлення на сильне

If your child lived in another country before the adoption and moves to Germany as a result of the adoption, this is an international adoption. The nationality of the child and your own nationality are irrelevant.

The following are generally considered international adoption procedures

• Adoption procedures in which a child with habitual residence abroad has been, is or is to be brought to Germany. It is irrelevant whether this takes place after adoption in the home country by adopters with habitual residence in Germany or with a view to adoption in Germany or in the child's home country,
• adoption proceedings if the adopters have their habitual residence in Germany and the child has been brought to Germany within 2 years prior to filing an application for adoption in Germany or in the country of origin.

If you have adopted a child abroad and it is a weak adoption, you can have it converted into an adoption under German law. Your adopted child will then have all the rights and obligations of a child adopted under German law.

A weak adoption is also called an incomplete adoption. In this case, you and your adopted child have a permanent parent-child relationship. However, your adopted child still retains legal relationships with the biological parents, such as inheritance rights. The relationship between you and your adopted child is treated in the same way as biological children in terms of parental care and maintenance obligations.

If a minor is adopted under German law, the child is legally related to you as the adopter and your entire family. However, there is no longer a legal relationship with the biological parents and their families after the adoption.

With the conversion, the legal effects of the foreign adoption change through a so-called change of statute into German law. This means that German substantive law now applies instead of foreign substantive law and the legal effects of the adoption are governed directly by German substantive provisions.

In order for you to be able to apply for the conversion, there must be a foreign adoption decision that can be recognized so that the foreign adoption can have legal effects in Germany. Is your child's country of origin a contracting state to the Hague Adoption Convention (Hague Convention)? Then a certificate stating that you have carried out the adoption in accordance with the provisions of the Hague Convention is sufficient. With this certificate, the adoption is deemed to have been recognized in Germany. A court decision is then generally not required. This only does not apply if the adoption contradicts German legal principles or values.

You can either combine the application for conversion with an application for recognition of the foreign adoption decision, or submit it retrospectively separately from a possible recognition procedure.

For the conversion, you must submit a notarized application to the family court in whose district the Higher Regional Court responsible for you is located.

German citizenship can no longer be acquired through a conversion decision if the adopted person has already reached the age of 18 when the application for conversion is filed.