An adoption is established by a written contract between the adopter and the adopted child. In addition, it also requires court approval, which can be requested by either party to the contract.
Individuals, spouses, registered partners and, since a few years, cohabiting partners are eligible to adopt. In principle, spouses and registered partners may only adopt jointly, although there are legal exceptions. In any case, the adopter must be capable of making a decision, must have reached the age of 25 and must also be older than the adopted child.
The adopted child itself does not necessarily have to be a minor. If it is not a minor, however, the adoption is subject to stricter requirements. Thus, in the case of an adoption of an elective child who has reached the age of majority (adult adoption), it must be proven that a close relationship already exists which corresponds to the relationship between natural parents and children, whereas in the case of the adoption of elective children who are minors, it is sufficient that such a relationship is to be created.
Furthermore, a permit is only to be granted if those persons whose interests are affected by the adoption are in agreement. These so-called persons entitled to consent are, for example, the parents of the minor adopted child, the spouse of the adopter and that of the adopted child as well as—if available—a legal representative.
