Prerequisites for adoption

1. Necessary consents - art. 89 of the Civil Code

These are requirements for the consent of certain categories of persons, which the court cannot ignore.

- adoptive - expresses his / her consent in the application for adoption. In most cases, he is the initiator of the adoption.

- parents of the adopted child - both, one who is alive / established. The mother's consent may be given no earlier than thirty days after the birth (Article 89, paragraph 2 of the Family Code). The parents of the adoptee also give their consent in the cases when they are minors (Art. 89, para. 3 of the Civil Code). It is also possible that the parents have given their prior consent for full adoption (Article 100, paragraph 2, item 2 of the Family Code).

- adopted - if he has reached 14 years of age

- adoptive husband - the two spouses do not have to adopt together.

- husband of the adoptee.

The consent of the adoptive parents and the spouses of the adoptive parent and the adoptee is not required if they are minors or placed under guardianship (Article 89, paragraph 4 of the Civil Code).

The Social Assistance Directorate explains to the above-mentioned persons the consequences of allowing the adoption before giving their consent. They submit a written declaration with a notarized signature that the consent given by them is not bound by material benefit.

2. Opinion for adoption - art. 90 of the Civil Code

2.1. If he has not reached 14 years of age, the adoptee shall be heard by the court under the conditions and by the order of art. 15 of the Child Protection Act.

3. The following shall give an opinion on the adoption:

3.1. the guardian or trustee;

3.2. parents, if they are minors, placed under limited guardianship or deprived of parental rights;

3.3. spouses if they are placed under limited guardianship.

4. Form of consent and opinion - art. 91 of the Civil Code

The consent of the adoptee must be given in person before the court.

The consent of the adoptive parent, the parents of the adoptee and the spouses of the adoptive parent and the adoptive parents, as well as the opinion of the parents and spouses placed under limited guardianship or deprived of parental rights and the guardian or trustee may be given in court in person or in writing by notary certified signature or by special proxy. The court may summon and hear some of these persons in person when it deems it necessary.

The written consent in the cases of full adoption is given in a form approved by the Minister of Justice.

5. Withdrawal of the previously given consent - art. 92 of the Civil Code

The parent may withdraw the previously given consent for full adoption with an application with notarized signature until the submission of an application for adoption under Art. 95, para. 5, respectively until giving consent for adoption by the decisions of the International Adoption Council by the order of art. 114, para. 7 adoptive. The application is submitted to the Social Assistance Directorate with a copy to the Regional Social Assistance Directorate.

6. Adoption without the consent of the parent - art. 93 SC

These are cases where deprivation of parental rights could occur, but this has not yet happened.

- art. 93, para. 1 of the Family Code - if the parent does not take permanent care of the child, does not provide maintenance or raises and educates him in a way harmful to him.

- art. 93, para. 2 of the Family Code - if the parent has left the child for upbringing in a social or integrated health and social service for residential care and within 6 months from the date of administrative placement under the Child Protection Act without good reason has not requested termination of placement or change of measure and returning the child or placing him in the family of relatives or friends under the Child Protection Act. Adoption without the consent of the parent is also allowed when the child is placed in a foster family and is entered in the register of children for full adoption.

In the first of these two cases, the parent is summoned to be heard by the court.

7. Permission for entry in the register of adoptive parents for full adoption (Article 86 of the Civil Code)

8. Applicant

A person wishing to adopt a child under the conditions of full adoption shall submit a written application to the Social Assistance Directorate at his / her permanent address for obtaining a permit for entry in the register.

9. Study

The Social Assistance Directorate conducts a social survey of the person as to whether it is appropriate to adopt a child. The study is carried out within three months from the submission of the application and contains information on:

1. the personal data of the adopter;

2. the health condition of the adopter;

3. the family of the adopter;

4. the personal data of the members of his family, as well as data for their health condition;

5. the economic and social situation of the adopter;

6. the motives for the adoption;

7. other circumstances relevant to the adoption.

A person who has received a permit from the Social Assistance Directorate shall be entered in the register ex officio.

The appeal against the refusal to issue a permit is made under the conditions and by the order of the Administrative Procedure Code.

The term of the permit is two years.

10. Change in data

In the event of a change in circumstances relevant to the issue