What Does an Adoption Lawyer Do?
Adoption attorneys support adoptive parents in the process of adoption, such as choosing an organization to go with. A successful lawyer who works in adoption law as a profession is essential to prospective parents to go through an adoption smoothly and with reduced tension.
Adopting a child is essential; Humanly and emotionally, but also legally. This step is not without its hurdles and has far-reaching consequences. The prerequisites for the procedure and also the consequences are legally complex.
Adoption also has a tax effect. Besides, the adopters’ concerns and those to be accepted and other relatives such as children and spouses and biological parents may be affected.
The Right of Adoption
The right to adoption is subject to change. It is shaped by social and political issues – a reflection of society. It has been reformed many times in recent years. The desire for adoption by registered partners also brought movement into the discussion.
The requirements and the consequences of adoption are regulated by law in our civil code. At first, one thinks of adopting underage children, but adults can also be adopted. The regulations on the adoption of minors and the adoption of adults are only partially the same.
A lawyer should accompany adoption. The lawyer should have exceptional knowledge of family law and inheritance law, and tax law.
Adopting Underage Children
The adoption of underage children is both the statutory rule and the “normal case” in practice. The adoption of an underage child should serve his or her well-being.
The creation of a parent-child relationship between the child and the adoptive parents must be done. These prerequisites are open to interpretation. The case law has established rules for this. For example, an adoption that has a lasting impact on the child’s best interests.
The parent-child relationship is regularly assessed using a prognosis. This must be confirmed during the legal probationary period in which the child lives to care for possible adoptive parents.
If the couple already has children of their own, their kids’ interests must also be considered. The child’s legal representative has to agree, often the biological parents.
Adoption of Foreign Children
Special regulations must be observed to adopt foreign children (including stepchild adoption) and for adoption abroad.
If the adoption is based on foreign law and the adoptive parents have a different nationality than the adoptive child, the legal representative and, if applicable, the child himself, the family court must approve an adoption.
The adoption of an adult is an exception with special requirements and legal consequences. Due to the development in inheritance tax and gift tax, adult adoption has gained importance as a means of structuring succession.
The reason for this is the significantly higher personal allowances for inheritances for children (about USD 400,000) compared to people outside the family (about USD 20,000), as well as significantly lower tax rates.
Adoption rights of registered life partners
Although the registered civil partnership of same-sex couples is on par with marriage in many respects, there are still legal differences. This also applies to adoption, where registered life partners do not yet have the same options as married couples.