Recognition of foreign adoptions in Germany

AG Frankfurt/M., decision of 7 June 2024, Ref.: 463 F 27055/22 AD

 Introduction

The recognition of foreign adoptions in Germany is a complex legal issue that often raises questions, especially when it comes to international adoptions goes. A recent decision by the Frankfurt am Main Local Court (AG) dated 7 June 2024 (Ref.: 463 F 27055/22 AD) sheds light on the legal challenges and requirements in such cases. In this article, we summarise the key aspects of the decision and explain why this adoption was not recognised as a foreign domestic adoption.

Facts of the case

A German court had to rule on the Recognition of an adoption that was granted by a Brazilian court. The adopters, a German-Brazilian couple with their main residence in Germany and another residence in Brazil, had adopted the child of the Brazilian adopters' biological sister. The adoption was carried out in Brazil as a national adoption and the child has lived with the adopters in Germany ever since.

The AG Frankfurt determined that this adoption was an international adoption and not a domestic adoption, as the adopters had their main place of residence in Germany and the child was brought to Germany. A German adoption agency was not involved, which led to the adoption not being recognised in accordance with Section 4 (1) sentence 1 AdWirkG (Adoption Effect Act).

Reasons for the decision

• International adoption instead of domestic adoption

The court ruled that this was an international adoption, as the child was brought from Brazil to Germany, where the adopters have their habitual residence. The requirements for recognition in accordance with Section 1 (2) AdWirkG were therefore not met, as no international adoption procedure was carried out in accordance with the provisions of the Hague Adoption Convention (HAÜ).

• Child welfare and prevention of abuse

Despite the existing parent-child relationship and the necessity of adoption for the child's welfare, the court emphasised that the legal policy objective of the Prevention of abusive foreign adoptions take priority. Recognition of the adoption was therefore ruled out in order to prevent circumvention of the international adoption regulations.

• Public policy and the best interests of the child

The court pointed out that the recognition of the adoption was also contrary to the German ordre public could be violated if the adoption is carried out by a hidden international adoption has been achieved. The Hague Convention aims to ensure that international adoptions are carried out transparently and in the best interests of the child. Recognising this adoption would contradict these principles.

• Failure to weigh up and obtain expert opinions

The court criticised the fact that no comprehensive assessment of the child's actual circumstances and the potential shortcomings of the Brazilian procedure had been carried out. For a qualified assessment, it might have been necessary to obtain a legal opinion or to involve a liaison judge.

• Legal consequences and child welfare

The court emphasised that the recognition essential concepts of justice of German law, even if its refusal would be detrimental to the best interests of the child. The necessity of recognition in the best interests of the child and the existence of a parent-child relationship would have to take precedence over the aim of preventing abuse through covert international adoption procedures.

Conclusion

The decision of the Frankfurt District Court underlines the strict requirements for recognising international adoptions in Germany. It makes it clear that the legal policy objectives of preventing abusive adoptions often take precedence over the individual child's welfare. It is therefore essential for potential adoptive parents to obtain comprehensive information about the legal framework and requirements in advance and, if necessary, to seek legal advice in order to ensure that the adoption is successfully recognised.

 

Dr Marko Oldenburger

Specialist lawyer for family law

Specialist lawyer for medical law