Adoption (Austria)

from Wikipedia, the free encyclopedia

The adoption of a child in Austria is the legal justification of a parent-child relationship between the adopter and the child regardless of the biological descent .

history

Austrian property law

The adoption is regulated in §§ 191-203 ABGB . The adoptive parents must be at least 25 years old. The age difference between the adopted parents and the adopted child originally had to be at least 16 years. However, the Constitutional Court lifted this rigid limit on December 11, 2014, which is why the provision had to be repaired by December 31, 2015. According to § 193 ABGB, it is now sufficient that the adoptive parents are "older than the adopted child".

Two people can only adopt a child together if they are married or have a partner. Since January 2016, the joint adoption of non-biological children has also been open to partner couples. The stepchild adoption was previously permitted for registered partners and cohabitants of one of the birth parents. The Constitutional Court ruled on December 11, 2014 that joint adoption must also be permissible for registered partners and had set a repair deadline of December 31, 2015.

In terms of inheritance law, the biological parents for the child of choice are retained, but the parents of choice take precedence in the parantel system .

Austria ratified the Hague Convention on May 19, 1999; it entered into force on September 1, 1999. The regulations of international adoption are called into question after a case shows great inconsistencies and the question arises of what should be done with the child who was taken away from the adopted family by the court and is now living in an Austrian children's home.

Individual evidence

  1. ↑ knowledge G 18/2014 of the Constitutional Court of 11 December 2014 available on the Legal Information System of the Republic of Austria (RIS).
  2. ↑ Queer.de: Austria lifts the adoption ban for gay couples
  3. ↑ knowledge G 119-120 of the Constitutional Court of 11 December 2014 available on the Legal Information System of the Republic of Austria (RIS).
  4. ↑ Florian Klenk: The lost daughter. In: Falter from January 9, 2008 ( Memento from April 16, 2012 in the Internet Archive )