Umwandlung einer schwachen in eine starke Adoption

• § 3 Adoptionswirkungsgesetz (AdWirkG) – Umwandlungsausspruch
• § 5 AdWirkG – Zuständigkeit und Verfahren

Many states only know adoption with weak effect. This means that the legal relationship of the adopted child to the family of origin is not completely extinguished. In addition, the adopted child - if one of the adopters is German - does not receive German citizenship by law.

If you have adopted a child abroad and this foreign adoption has only weak effects, it is possible to have it converted into an adoption with strong effects in Germany.

You can enquire about the documents to be submitted at your local adoption agency and at the Dresden Family Court (Amtsgericht). In any case you will need:

• the notarised application for conversion of the adoption
• the foreign adoption decision (original or certified copy with translation)
• the foreign adoption certificate (original or certified copy with translation)

Note: As a rule, foreign documents must be provided with an "over-certification" by the competent foreign authority (apostille) or legalisation by the German mission abroad.

• You have adopted a child abroad.
• The conversion to a strong adoption is in the best interests of the child.
• The natural parents and the child have consented to a strong adoption and thus to the termination of the parent-child relationship.
• The interests of the spouse or children of both parties do not oppose a conversion to a strong adoption.

• variable

You incur costs for

• the notarial certification of the application and
• for the official certification of the foreign documents and
• the translation of the documents.

• File a notarised application for conversion at the family court at Dresden Local Court.
• The court examines the application and involves the locally competent youth welfare office and the central adoption office of the state youth welfare office during the proceedings.
• If all requirements are fulfilled, the court pronounces that the child receives the legal status of a child adopted according to German substantive rules.
• Your adopted child then has all the rights and obligations of a natural child and also receives German citizenship if you or your spouse have German citizenship.

none

non applicable