Adopting A Child In Austria: Navigating The Process

Adopting a child in Austria involves a rigorous process that ensures the best interests of the child. The adoption process can be initiated by the child and youth support authority or recognised private institutions licensed to arrange adoptions. Prospective adoptive parents must meet eligibility criteria, including age requirements and suitability assessments, conducted by district authorities. Marital status is a consideration, with spouses typically adopting jointly, while single individuals and same-sex couples also have adoption rights. The adoption contract, involving consent from relevant parties, is subject to court approval, and various costs, including court fees and contract taxes, are associated with the process. International adoptions are possible but subject to additional requirements, such as the Hague Adoption Convention for intercountry adoptions.

Who can adopt?

In Austria, a child may be adopted by a married couple, a single person, or by registered partners. However, the adopting person must be at least 25 years of age, and there is an expectation of an age difference of at least 18 years between the adoptive parent and the child. Austrian law requires at least an 18-year age difference between the adoptive parent and adoptee, though there is no upper limit on the age of the adopter.

Single people and couples with biological children are generally less likely to be approved to adopt. If the child's biological parents have died, the relatives of the deceased have priority and a better chance of being able to adopt the child.

The suitability of the adopting person or couple to assume the parenting of an adoptive child is assessed in detail by the youth department of the relevant district authority, the municipal executive, and, in Vienna, the Youth and Family Office. The assessment includes an investigation into the personal, social, health, and economic conditions of the prospective adoptive parents.

The process of adopting a child in Austria is facilitated by the child and youth support authority or recognised private institutions licensed to arrange adoptions in the respective province. The adoption is formalised with a written contract between the adoptive parents and the child, which must be approved by the competent local guardianship court in the child's place of residence. The court will only approve the adoption if it is satisfied that the adoption is in the best interest of the child.

Adoption eligibility and suitability

To be eligible to adopt a child in Austria, you must be at least 25 years old. There is no minimum age gap with the child, but the adopter must be older than the adoptee. There is no legal upper age limit for an adopting parent, but if the applicant is above 40, they are less likely to be selected as an adoptive parent if there are younger applicants. Austrian law requires at least an 18-year age difference between the adoptive parent and adoptee.

Adoptions can be arranged by the child and youth support authority or by recognised private institutions licensed to arrange adoptions in the respective province. The child and youth support authority can provide information about this, as well as about private adoption agencies. The charging of a fee for arranging an adoption is not permitted.

The suitability of the adopting person to assume the parenting of an adoptive child is assessed in detail by the youth department of the relevant district authority, the municipal executive, and, in Vienna, the Youth and Family Office. The prospective adoptive parent(s) must meet certain personal, social, health, and economic conditions. The court may also require evidence of the adopting parent's social and financial status, as well as a "home study".

In the case of intercountry adoptions, the prospective adoptive parent(s) must be found eligible to adopt by the U.S. Government, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). The child must also meet the definition of a Convention adoptee under U.S. immigration law in order to be eligible to immigrate to the United States with an IH-3 or IH-4 immigrant visa.

If the child's biological parents have died, relatives of the deceased have priority to adopt the child. Single people and couples with biological children generally have a lower chance of being able to adopt a child.

Adoption agencies and authorities

In Austria, adoptions can be arranged by the child and youth support authority, or by recognised private institutions that are licensed to arrange adoptions in the respective province. The child and youth support authority can provide information about both options.

The youth department of the relevant district authority, the municipal executive, and, in Vienna, the Youth and Family Office, assess the suitability of the adopting person or couple to assume the parenting of an adoptive child. This includes an assessment of the personal, social, health, and economic conditions of the prospective adoptive parent(s).

The youth welfare authority, acting under the instructions of the competent provincial governments, will then perform investigations and inquiries to assess the eligibility and suitability of prospective parents.

If the child is being adopted from abroad, the Youth Welfare Agencies in the respective municipalities or an adoption service provider will develop a social report based on meetings and home visits.

If the prospective adoptive parents are from the United States, they must select an adoption service provider in the US that has been accredited to provide adoption services between the US and Austria. Once the US government determines that the prospective parents are "eligible" and "suitable" to adopt, the adoption authority in Austria will be notified. If both the US and Austria determine that the prospective parents are eligible to adopt, and a child is available for intercountry adoption, the central adoption authority in Austria may provide a referral for a child.

The Austrian government financially supports three accredited adoption service providers in Austria, which work in close collaboration with the Youth Welfare Agencies in the respective municipalities. These organisations are non-profit legal bodies that provide full support to applicants throughout the entire international adoption procedure.

Adoption contract and court approval

The adoption process in Austria involves several steps, and one of the most crucial aspects is the adoption contract and court approval. Here is a detailed overview of this process:

The Adoption Contract

The adoption contract is a written agreement between the adoptive parents and the child. It outlines the terms and conditions of the adoption and the responsibilities of all parties involved. This contract is a legally binding document that requires careful consideration and review by all participants. The contract should comply with all relevant laws and regulations regarding adoption in Austria.

Court Involvement and Approval

After the adoption contract is drafted and agreed upon by the adoptive parents and the child, it must be submitted to the competent local guardianship court, known as the District Court, in the child's place of residence. The court plays a vital role in ensuring the adoption is lawful and in the best interests of the child. The judge will thoroughly review the contract and assess various factors to determine if the adoption should be approved.

Factors Considered by the Court

The court will evaluate the suitability of the adoptive parents, including their age, marital status, and ability to provide a stable and nurturing environment for the child. The court may request evidence of the adopting parent's social and financial status to ensure they can meet the child's needs. Additionally, the court will consider the child's circumstances and well-being. The child's age, legal capacity, and existing relationships will be taken into account to ensure the adoption is in their best interests.

Court Approval and Finalisation

If the court is satisfied that the adoption meets all the necessary legal requirements and is in the child's best interests, it will issue a decree, known as a "Beschluss", certifying the adoption contract. This decree makes the adoption final and legally valid. With this approval, the adoptive parents can obtain a new birth certificate for the child, reflecting any name changes, from the appropriate Bureau of Vital Statistics ("Standesamt"). It is important to note that the adoption contract is not effective until it receives this judicial approval. Without court approval, the contract is considered void.

Costs and Fees

It is important to be aware of the financial aspects of the adoption process. In addition to any attorney or notary fees, there are court costs and a significant adoption contract tax associated with finalising the adoption. These fees are an essential consideration for prospective adoptive parents.

Intercountry adoption

To adopt a child from another country as an Austrian citizen, you must first select an adoption service provider in the country of the child you wish to adopt that has been accredited. Only these agencies and attorneys can provide adoption services for intercountry adoptions. After choosing an accredited adoption service provider, you apply to the U.S. Government, specifically the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS), to be found eligible to adopt (Form I-800A). Once the U.S. government determines that you are "eligible" and "suitable" to adopt, you or your agency will forward your information to the adoption authority in the country of the child.

If both countries determine that you are eligible to adopt, and a child is available for intercountry adoption, the central adoption authority in the country of the child may refer you to a specific child. At this point, you will need to apply for provisional approval to adopt that particular child (Form I-800). USCIS will determine whether the child is eligible under U.S. law to be adopted and enter the United States. After this, your adoption service provider or you will submit a visa application to a Consular Officer at the U.S. Embassy. The Consular Officer will review the child's information and evaluate the child for possible visa ineligibilities. If the child appears eligible to immigrate to the United States, the Consular Officer will notify the adoption authority in the country of the child (Article 5 letter).

For Convention country adoptions, prospective adoptive parents may not proceed with the adoption or obtain custody for the purpose of adoption until the above steps have been completed. The Consular Officer will make a final decision about the immigrant visa later in the adoption process. Only after completing these steps can you proceed to finalize the adoption or grant of custody for the purposes of adoption.

Frequently asked questions