Adoption

What is adoption?

Adoption establishes a parent-child relationship between the adopter(s) and the adoptee, as well as a kinship relationship with other members of the adopter’s family. From the point of view of law, the same kinship relationships arise between the adoptive parents and the child as between parents and children. The child's kinship relationships with the original family are terminated by the court's decision on adoption. Adoption cannot be revoked after three years have passed since the court's decision on adoption (unless the adoption was against the law). Adoptive parents gain full parental responsibility and are legally registered in the birth register. The child also acquires the surname of the new parents. There must be a reasonable age difference between the adopter and the adoptee.

Adoptive parents are obliged by law to inform the adopted child about the fact of adoption as soon as it seems appropriate, ideally from an early age adequately to the child's mental abilities, but no later than before the start of schooling.

The court decides on the adoption. Before the court's decision on adoption, the child is placed into a so-called pre-adoption care of the future adopter for at least six months, at his expense.

To find out which children are placed in adoption, you can see our section Children placed to adoption and foster care.

The care of a child in adoptive families is not subjected to any special supervision by state institutions. In case of interest or need, families can use the support of non-governmental organizations dedicated to this area, or turn to the social-legal child protection department of the municipality with extended scope.

Only state institutions can moderate adoption in the Czech Republic. Moderation by the state does not occur in the case of so-called direct adoption. These are situations where parents consent to the adoption of a child in relation to a certain person. At that time, the assessment only takes place during the court proceedings for custody of the child, which is initiated on the basis of a proposal submitted by future adopters.

Who can adopt

• There should be a reasonable age difference between the adopter and the adopted child, usually not less than 16 years, the law does not set an upper age limit;
• Only spouses can adopt a child together;
• In case of same-sex couples, only one of them can adopt a child and gain parental rights and responsibilites;
• A child can also be adopted by an individual (a single person living alone without a partner);
• Families or individuals who care for their biological or foster children or previously adopted children, can adopt another child;
• The health and psychological condition of the applicants for adoption should not significantly limit their caring and educational abilities;
• If applicants have a criminal record, the seriousness of this act is assessed in relation to their caring and educational abilities.

Can a Foreigner Adopt in the Czech Republic?

Adoption Mediation

• Submitting an adoption mediation application at the municipal office in the place of your permanent residence (in the case of spouses, the permanent residence of one of them). The application form together with a short questionnaire can be obtained directly from the office or you can download it from the Ministry of Labour and Social Affairs website. You will find links to both of the documents, the application form and the questionnaire, below.
• Assessing of applicants by the municipal office – a social worker will conduct a home visit in the applicant's family at the place of their actual residence. After collecting all necessary documentation (proof of citizenship or permanent residence in the Czech Republic, a health report, criminal record, and information on your economic and social circumstances), the application will be forwarded from the municipal office to the relevant regional office, including a report from the home visit.
• Assessing of applicants by the regional office – the regional office will arrange a psychological assessment of the applicants and a contracted medical examiner will inspect their medical report. At the same time, the applicants will be enrolled in preparatory courses for adopting a child into the family. The expert assessment of applicants focuses primarily on their personality characteristics, their psychological and health status with regards to the necessities which raising an adopted child obtains. The motivation of the applicants that led to the application for adoption is also assessed, as well as the quality of their relationships and the stability of their family environment. The attitudes of other family members are also taken into account, especially those who share a common household. Part of the professional assessment is also an evaluation of applicants' involvenment during the preparatory courses.
• Enrollment to the register of future adoptive parents– based on the former professional assessment, the regional office will issue an administrative decision on whether or not to enroll the applicants in the register of future adopters. Applicants have the option to file an appeal against the decision if they disagree with the outcome of the decision.
• Choosing the right family for a child – the regional office keeps records of children who are eligible for adoption. Choosing a new family depends on the child's legal situation, the child's needs and the applicant's ability to fulfill the child's needs. The regional office does not match children according to family's desires but looks for a family who can fulfill their needs best and accept their individuality.
• Meeting the child – the chosen family is contacted by the regional office, introduced to the child's documentation in detail and then given a personal contact.

Intercountry Adoption

Follow-up information and links

• Guide to Adoption and Foster Care (2022)
• Adoption Process Step-by-Step
• Adoption Application Form
• Adoption Questionnaire
• Where to submit your Application