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a.merkel
a.merkel, Rechtsanwältin; LL.M. Eur.
Category: German Law
Satisfied Customers: 2269
Experience:  1.+ 2. Staatsexamen; LL.M.(Master of Law)
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Is private/independent adoption legal in Germany? We are both

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Is private/independent adoption legal in Germany? We are both EU nationals (not German) living in Germany and we have been asked if we would be interested in adopting a child from Greece. Can we do this without an adoption agency getting involved, ie with only lawyers from both countries?

a.merkel :

Dear Customer,


thank you for using Just Answer.

a.merkel :

In Germany, private adoptions are prohibited.

a.merkel :

German approved adoption agencies are the Jugendamt.

a.merkel :

The private adoption placement is allowed in Greece.

a.merkel :

So if you can legally adopt a child in Greece through private placement, you have to let recognize the adoption in Germany, vgl. § 2 AdWirkG.

a.merkel :

http://dejure.org/gesetze/AdWirkG/2.html

Customer: replied 4 years ago.

Thanks for your reply.


 


Please can I clarify this. In Greece private adoption is legal but in Germany it is not.


 


Does this mean that we have to contact the Jugendamt in our local region and ask their permission? Are they able to refuse the adoption? Will we have to go through the full adoption process (psychiatrist, home visits, etc) before they will allow the adoption? (We have already gone through this when we lived in Luxembourg but our adoption from the Ukraine failed).


 


I don't quite understand your answer "So if you can legally adopt a child in Greece through private placement, you have to let recognize the adoption in Germany, vgl. § 2 AdWirkG". Can you tell me what we have to do to achieve this.


 


Many thanks


 

Thank you for your reply.

"In Greece private adoption is legal but in Germany it is not."
No. The MEDIATION for adoption can be privat in greece, but not the adoption.

Cross-border adoption depends on the rules of the country of origin and international conventions.

Here, no information can be given about national adoption rules in Greece.
Greece has joined the Hague adoption Convention. Adoption applicants must contact at the Jugendamt. A private adoption agency can be allowed. The qualifying examination of the parents is still perform.


I don't quite understand your answer "So if you can legally adopt a child in Greece through private placement, you have to let recognize the adoption in Germany, vgl. § 2 AdWirkG". Can you tell me what we have to do to achieve this.

If you qualify for an adoption under Greek law, so you must recognise the adoption in Germany. The recognition of a foreign adoption takes place at the family court. These provisions will arise from the implementation of the Hague Adoption Convention. Luxembourg is also joined the Convention, so that an international adoption must be recognized also by Luxembourg law.
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Anja Merkel, LL.M.

Attorney