Adoption

The state has laid down rules for adoption. This means that certain conditions must be met before permission to adopt can be issued.

There is especially one basic requirement that must be met before adoption: Adoption must be to the benefit of the individual who is adopted.

Different bodies are responsible for examining whether adoption in a given case is beneficial depending on the type of adoption concerned.

Types of adoption

There are many different types of adoption:

• Adoption of Danish children/adults
• Adoption of foreign children/adults
• Adoption of relatives
• Forced adoption.

 

The adoption rules vary depending on the type of adoption concerned.

Legal issues in connection with adoption

All legal ties between the child and its biological parents cease on adoption. This means for instance that the child gets right of inheritance from its adoptive parents and their relatives and the adoptive parents get right of inheritance from the child.

 

Adoption of Danish children

People who want to adopt a Danish child should contact the State County where they live. It is necessary to be approved as adoptive parents before being taken into consideration for possible adoption.

 

The adoption board assigns children with a view to adoption but normally there are very few children for adoption.

Requirements

Further information on the requirements for approval as adoptive parents may be found on this web-site under the heading: Approval as adoptive parents.

 

Adoption of relatives

Adoption of relatives refers to:

 

• spouse´s child or adoptive child
• grandchild
• siblings
• niece or nephew
• child of parents to whom the applicants have developed a special relationship through close and long-term acquaintance

People who want to adopt a relative should contact the Regional State Administration in the area where they live.

Requirements

Some of the ordinary requirements are waived in connection with adoption of relatives. The age difference between child and adoptive parents may for instance exceed 40 years, and approval as adoptive parents is not required.

 

Approval as adoptive parents

People who want to be approved as adoptive parents (adopters) must meet certain general requirements. People who want to adopt a foreign child for the first time, must take a preparatory course on adoption. Participation in the course costs DKK 2,500 (2012).

Requirements for adoptive parents

The general requirements for approval are:

 

• the age difference between child and applicant must not exceed 40 years
• the adoptive parents should as a minimum have lived together for 2½ years and they must be married at the time of approval
• the adoptive parents' physical and mental health must not be such that it could have a negative influence on the child's situation
• the adoptive parents must have adequate housing conditions
• the adoptive parents' financial situation must be adequate
• the adoptive parents must not be convicted of any offences that may raise doubts as to whether they are suitable adopters.

There may be specific requirements that must be met for different types of adoption.

Assessment and approval

The Joint Council on Adoption of the relevant county decides whether applicants can be approved as adoptive parents.

 

The Joint Council on Adoption consists of three members, a social worker, a doctor and a legal expert. The adoption application must be submitted along with information on income, assets and health. Applicants are also required to state whether they have been convicted.

If the Joint Council on Adoption considers that the general requirements are met, the applicants may continue the adoption process.

Exemption

In some cases the authorities may waive certain requirements if special conditions apply. Further information on exemption rules may be found in Government Order no 198 of 22nd March 2000 on the Families Agency web-site.

 

Complaints

Complaints with regard to decisions taken by the authorities may be put before the Adoption Board.

 

Annulment of adoption

If there is a wish to annul an adoption, all legal ties between adoptive parents and the adopted child will cease. This means for instance that the adopted child no longer has right of inheritance from the adoptive parents. But the adoptive child may keep the adoptive parents surname.

If the adopted child is a minor, the Department of Family Affairs may annul the adoption if the adoptive parents and the biological parents agree, and if the Department of Family Affairs consider that this is to the benefit of the child. If the child has reached the age of 12, the child must also agree to an annulment of the adoption.

The Department of Family Affairs may annul an adoption if the adoptive parents and the adopted child agree about this. In very special cases the courts may annul an adoption for instance if the adoptive parents have been found guilty of abuse or ill-treatment of the child.

 

If the adoptive parents have died, the biological parents may apply for annulment of the adoption.

Application

Application for annulment of adoption must be sent to the Department of Family Affairs.