Domů » Adoption


Regulated by Civil Code ("Občanský zákoník") No. 89/2012, § 794–845.

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

Any adult person who is mature enough to provide continuous care of a child and ensure their proper upbringing and all-round health, psychological and social development can become an adoptive parent.

  • 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.

Adoption is not possible between persons related in the direct line and between siblings. This restriction does not apply in the case of surrogacy. (Therefore, neither child's grandmother nor adult sister can adopt the child, but an aunt or an uncle could adopt the child. However, it is always up to the court's individual assessment whether adoption in a given case would be in the best interests of the child.)

Adoption Mediation

Regulated by the Act on Social-Legal Protection of Children ("Zákon o sociálně-právní ochraně dětí") No. 359/1999.

Intercountry Adoption

The term intercountry adoption refers to the adoption of a child to or from a foreign country. If it is not possible to find a replacement family for the child in the country of origin, intercountry adoption is a possible solution.

Intercountry adoption is regulated, among other things, by the Hague Adoption Convention. The convention mandates the signatory states to designate one central authority on their territory, which will be responsible for the adoption of children to and from abroad. In our country, this service is performed by the Office for International Legal Protection of Children in Brno. In regards to certain guarantees in the process of mediating intercountry adoption, the Office cooperates only with countries that have ratified the the Hague Adoption Convention.

In order to mediate intercountry adoption, the decisive factor is not the applicant's citizenship or permanent residence, but the so-called "usual residence of the applicant", i.e. where the applicant actually lives, where they have the background, where they work, etc. Intercountry adoption will also be considered in the event that e.g. a Czech citizen living abroad will want to mediate the adoption of a child from the Czech Republic.

For more information, please contact the Office for International Legal Protection of Children.

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