There may be situations where partners separate, and one loses interest in the child or dies. The other partner, caring for the child, gets married, and the child and the new husband live together in the same household.

To form a complete family, including legally, the new stepparent decides to accept the child as their own, to adopt the child.

If the stepparent wants to adopt their partner´s child, Civil Code sets out several conditions that must be fulfilled.

Adoptability of the child

The primary condition is the consent of the other parent (if indicated on the birth certificate) to the adoption. Consent must be on the record before the court. However, there may be situations where the parent shows no interest in the child; often, the child's whereabouts may not even be known. In these cases, consent does not have to be given by the parent, but other conditions must be met. The issue of a child's adoptability is quite complex, so if you wish to obtain comprehensive information, please contact the Office's relevant employee.

Pre-adoption care

Once the child's adoptability has been resolved, the following legal requirement is pre-adoption care. Before a decision can be made on the adoption itself, it is necessary that the child is in the care of the prospective adopter (spouse of the parent) at their expense and that it is certified that the subsequent adoption is in the best interests of the child.

The pre-adoption care lasts for at least six months and must be decided by the court. It is irrelevant whether the child has previously lived with the family, including in the care of the prospective adoptive parent and at their expense, as long as it has not been decided by a court. In these cases, however much the pre-adoption care may appear superfluous, the law is clear on this point. The Office, if it represents the child in the proceedings, requires this condition to be met.

Consent of the child with an adoption

The child being adopted must also consent to the adoption. Children over 12 years shall consent to the record before the court. Consent for children under 12 years of age shall be given by a guardian appointed for that purpose by the court. However, younger children must also be made aware of the situation, and the professionals must seek their opinion appropriately.

Other conditions of the stepparent adoption

Other conditions for adoption may include, for example, the integrity of the prospective adopter, social investigation at the family's residence, etc.