What do I need to consider when adopting?
September 20, 2023 | 50,00 EUR | answered by Oliver Breitwieser
Dear Family Law Attorney,
My name is Sandra Halbscheffel and I am facing an important decision that will significantly impact my life and that of my family. My husband and I are considering officially adopting our foster child, as we have had them in our care for three years and consider them as our own. We want to provide our foster child with the security and stability of a legal parent-child relationship.
The current situation is as follows: Our foster child has been living with us for three years and has settled well into our family. They feel comfortable and safe with us. We are certain that we want to keep them with us forever and officially recognize them as our own child.
My concerns and uncertainties lie in not knowing exactly what needs to be considered in an adoption. What legal steps do we need to take? What documents are required? Are there any specific requirements that need to be met? How long does the process usually take and what costs can we expect? What rights and responsibilities do we have as adoptive parents towards our foster child?
Therefore, my question to you is: What do my husband and I need to consider in an adoption and what steps should we take next to initiate the process? I would greatly appreciate your expert support and guidance.
Thank you in advance for your help.
Sincerely,
Sandra Halbscheffel
Dear Mrs. Halbscheffel,
Thank you for your inquiry and your trust in my expert advice on this important matter. It is commendable that you and your husband are considering officially adopting your foster child to provide them with the security and stability of a legal parent-child relationship.
Various legal steps must be taken in the process of adoption. Firstly, it is important that you and your husband are aware that adoption establishes a lifelong and irrevocable legal relationship. This means that after adoption, your foster child will legally become your biological child and assume all the rights and responsibilities of a biological child.
To initiate the adoption process, you must submit an adoption application to the appropriate Family Court. In this application, you will need to provide information about yourselves, your spouse, the foster child, and the reasons for adoption, among other details. Additionally, you will need to submit various documents such as a certified copy of the foster child's birth certificate, consent from the foster child (if they are over 14 years old), a criminal record check, and proof of income.
There are also certain requirements that must be met in order to adopt a child. These include the minimum age of adoptive parents (usually 25 years), consent of the other spouse if married, and ensuring a loving and stable environment for the child.
The duration of the adoption process may vary depending on the individual case, but it generally takes several months to complete. The costs of adoption can also vary, depending on court and administrative fees as well as possible attorney fees.
As adoptive parents, you will have the same rights and responsibilities as biological parents after adoption. You are responsible for the welfare of your child, financially support them, and have the right to make decisions regarding the child.
I strongly recommend seeking legal advice on this important matter to ensure that the adoption process runs smoothly and all necessary steps are taken correctly. I am available for further questions and comprehensive advice.
Best regards,
Oliver Breitwieser
