Adoption einer volljährigen Person

• §§ 1767 bis 1772 Bürgerliches Gesetzbuch (BGB) – Annahme Volljähriger

The adoption of an adult person usually takes place as a so-called weak adoption. This creates family law relationships between you and the adopted person, but not with your relatives.

This means that your parents do not become the grandparents of the adopted person. Conversely, however, the children of the adopted person become your grandchildren. After the adoption, you are obliged to support the adopted person and his/her children even before his/her biological relatives.

Many things also change for the adopted person. In addition to the change of name, the adopted person also has other maintenance rights and obligations. For example, the adoption may mean that the adopted person is obliged to pay maintenance to the natural parents as well as to you as the new parents. In addition, special regulations under inheritance law must be observed.

Tip: In exceptional cases, the adoption of an adult can also have the effects of an adoption of a minor if the family court declares this. The prerequisite is, among other things, that there are no overriding interests of the parents of the adoptee that conflict with this. You must apply separately for such an adult adoption.

Written, notarised applications or notarised declarations of consent are required from the following persons:

• adopting person
• adopted person
• Spouse of the adopter
• Spouse of the adopted person

The adoption of a person of full age must be morally justified.

This means, for example,

• that a parent-child relationship has already been established or
• an adoption was not possible for legal reasons (for example, because the birth parents refused to give their consent).

Note: It is not morally justified if you wish to adopt a foreign person in order to protect them from deportation.

• notarial certification and court fees: according to the German Law on Court and Notarial Fees (GNotKG)

• You and the person to be adopted make a notarised application to the court. In addition, a notarised consent of the spouses (both from your side and from the other party) is required.
• You or your notary submit these declarations to the family court.
• The court weighs up your case. It will consider, for example, whether an adoption would unreasonably reduce the maintenance claims or inheritance claims of your other children. If the adopter has children, it also examines whether their interests conflict with an adoption. The children of both parties therefore have a right to be heard.
• If all requirements are met, the court decides on the adoption of the adult person. This decision becomes effective upon service on the adopter and cannot be appealed.

none

Adult foreigners who are adopted as a child by a German citizen do not receive German citizenship and, as a rule, no right of residence in Germany.

non applicable