Terminology

Adoption

When adopting, the spouses or individuals accept the child as their own and acquire full parental rights and responsibility. Adoption creates the same relationship between the adoptive parent and the adopted child as it is between the biological parent and the child, as well as forms family ties to the other members of the adoptive family. All reciprocal rights and obligations between the adopted child and his or her original family cease to exist. The adoptive parents are legally registered as the child’s parents in the birth register.

The new parents give the child their surname. Also, the child and the adoptive family become legally related. There must be a reasonable age difference between the adoptive parent and the adopted child, generally not less than sixteen years.

Osvojit lze dítě se souhlasem jeho rodičů, nebo i bez jejich souhlasu, pokud pro takovou situaci nastanou právní podmínky (viz § 818 a 819 občanského zákoníku).

Adoption can happen with consent of the parents or without the consent if there are valid legal conditions for such situation (as described in Section 818 and 819 of the Civil Code.

If the adopted child is over 12 years of age and is able to assess the consequences of adoption, his or her consent is also required. For a younger child, the child’s guardian gives consent on behalf of the child, usually the appropriate social and legal protection authority. Adoption is decided by the court. The child must be living in the care of the future adoptive parent for at least six months prior to the decision, at the expense of the adoptive parents. This condition is met if, during this period, the child was cared for, at their own expense, by the foster parents, guardian or another individual who has decided to adopt the child. Where the consent of the biological parents to adoption is necessary, the condition of six months of personal care prior to the adoption is always calculated after the expiry of three months from the date of the parents granting the consent.

At present, an adult can also be adopted, unless it is contrary to good morals. The adoption of an adult is regulated by Section 846 et seq. of the Civil Code.

The adoptive parents are obliged to inform the child of the fact of adoption as soon as deemed appropriate, but no later than by the start of the child’s schooling.