Termination of adoption

What is the Termination of Adoption of a Child?

Terminating an adoption that was previously adopted, but there are valid reasons for terminating that relationship. Upon termination of the adoption, the legal relations between the adoptee and his descendants / children and grandchildren/ and the adopter and his relatives are terminated.

Reasons for termination of adoption

Termination of adoption can be requested when legal requirements are not met, some of which are as follows:

the adopted person has reached the age of majority before submitting the application for adoption;

• the adopter is deprived of parental rights or placed under guardianship;

• the age difference between the adoptee and the adopter is less than 15 years;

• the adopted and the adopter are biological relatives - parent and child or brother and sister;

• the child is adopted by more than two persons who are not spouses, etc.;

• in cases where the adoptee or adoptive parent is not entered in the registers in case of full adoption;

OR

• in the event of a serious offense committed by one party or in the presence of other circumstances that deeply upset the relationship between the adopter and the adopted;

• in the presence of other prerequisites;

Competent authority for termination of adoption

The competent authority that you should refer to when terminating the adoption, when there is a dispute between the adopter and the person whose adoption is requested, is the District Court. A prosecutor is also involved in this process.

However, when both parties want to terminate the adoption, the adoption can be terminated by the District Court.

Term

The term for filing a claim is mostly one year from the admission of the adoption or in some cases until the child reaches the age of majority.

Termination of Adoption on Death

• In case of full adoption, the court can terminate the adoption at the request of the adopted person, his parents, the guardian, the trustee or the "Social Assistance" Directorate, when one or both of the adoptive parents have died, the adopted person has not reached the age of majority and this is required by his interests.
• In an incomplete adoption, if the adopter dies, as well as if the adoptee dies without leaving descendants, the adoption is terminated, but the survivor inherits the deceased.

Continuation of the case to terminate the adoption

When the adopter or the adoptee dies during the proceedings for the termination of the adoption, the case may be continued by the plaintiff's heirs. In the event that the court upholds the claim, the guilty surviving adoptive parent or adoptee does not inherit the deceased