International Adoption
October 1, 2009 | 30,00 EUR | answered by Steffan Schwerin
Dear Sir or Madam,
A distant relative would like to adopt me. However, the adoption would take place in England, as he lives there.
Do German authorities recognize such an adoption? Will my birth name also change in Germany as a result? Can my wife/children also take on the name?
What should I be aware of?
Kind regards,
Silz
Dear questioner,
I will answer the questions you have posed, taking into account the circumstances described and your input as follows:
The question at hand is whether the adoption should proceed according to British or German law. Additionally, it is unclear whether the relative lives only in the UK or is also a British citizen.
In Germany, there is the option of adult adoption. Therefore, the adoption would be carried out according to German law.
The adoption of adults by adults, § 1767 BGB, is usually not a full adoption, especially as the ties to the biological family, § 1770 BGB, are not abolished. This prevents, for example, the abandonment of maintenance obligations or similar.
Both parties in this case acquire the same rights and obligations that result from a biological relationship. The adopted person receives the name of the adopting person as their new birth name, and the biological birth name no longer appears in any document of the adopted person. Additionally, the rights and obligations towards the biological family of the adopted person cease to exist.
In this respect, a woman and children can also take on the name.
In the UK, adoption is governed by the Adoption Act. The adoption by an individual is regulated by § 15 of the Adoption Act. According to this, the adopter must be at least 21 years old and generally unmarried.
Therefore, this does not apply to you, as you have mentioned being married.
However, as long as - apart from being married - it is permissible under British law for an adult to be adopted by another adult, unequal treatment by German authorities is also not an impediment.
There is also the option of a so-called international adoption. However, this does not necessarily apply in this case, as it does not involve the adoption of a child from abroad. Nonetheless, you are welcome to inquire at the Federal Central Office for International Adoption to find out whether the adoption of a German adult by a British citizen is possible and what other points need to be considered.
In conclusion, it can be assumed that adoption under British law is not an option here, as you are married. However, you should definitely inquire at the aforementioned office to see if there are other possibilities available.
I must also inform you that this platform cannot replace a detailed and personal legal consultation. The sole purpose is to provide an initial rough assessment of your legal issue based on the information provided by you to a lawyer. The legal advice I provide is based solely on the circumstances you have provided. By adding or omitting relevant information in the context of your description of the situation, a completely different legal assessment may result.
I hope this gives you an initial overview and that my explanations are helpful. You are welcome to contact me through the follow-up option on this platform.
Furthermore, I am also available for representation. I would credit the initial consultation fee to you in full.
A greater distance between lawyer and client is generally not a problem. With the help of modern communication means such as email, mail, fax, and telephone, legal representation is also possible.
Best regards,
Steffan Schwerin
Lawyer
Law Office Steffan Schwerin
Golmsdorfer Straße 11
07749 Jena
Tel.: 03641 801257
Fax: 032121128582
Email: steffan.schwerin@hotmail.de
Website: www.law-office-steffan-schwerin.de
