Adoption in the Czech Republic: how the path to parenthood works

The first step to adoption: where to go and what to expect?

If you decide to adopt a child, your first steps will lead you to the Department of Social and Legal Protection of Children (OSPOD) at the municipal office of the municipality with extended jurisdiction in your place of residence. Here you will meet social workers who will guide you through the whole process. At the office, you will submit an application for inclusion in the register of applicants for adoption. The application will include not only your personal details but also a few key documents such as a health certificate, a criminal record, proof of citizenship and proof of income.

At your initial meeting, social workers will give you an overview of what to expect in the coming months, including psychological assessments, preparation courses and administrative steps. A social investigation will then take place in your home to assess your background and readiness to adopt a child.

Once all the documents have been submitted, your application will be forwarded to the regional authority, which will decide on your inclusion in the register.

Conditions for prospective adoptive parents: Are you ready?

Adoption is a major decision that requires not only commitment but also the fulfilment of certain legal conditions. The first prerequisite is that the applicants must be of legal age and have a legal capacity. At the same time, there must be a reasonable age difference between the adopter and the child, which the law sets at a minimum of 16 years. Although the upper limit of the age difference is not set by law, it is usually assessed on a case-by-case basis.

Spouses most often apply for adoption, but this is not a necessary condition. In the case of an unmarried couple, only one of the partners can apply for adoption. Similarly, a person living alone without a partner can apply for adoption. Registered partners can also only adopt a child individually. Until recently, the duration of a registered partnership was a barrier to adoption. This discriminatory exception was removed by a ruling of the Constitutional Court when it held that “a situation had arisen where the legislator had allowed the adoption of a child by an individual who was not living in a marriage union, and had not even set any limitation as to whether the individual was of heterosexual or homosexual orientation. On the other hand, however, it prohibits the individual from living in a civil partnership. The result is a situation where a person who is living together with an individual of the same sex can without further ado apply to be included in the register of applicants suitable to become adoptive parents, and this application will be granted once all the conditions have been met; however, if in another – but in fact quite similar – case these persons enter into a registered partnership, this possibility is prohibited by law…”

Other aspects considered include the health of the applicants – health problems or disability are not an automatic barrier, but are assessed to ensure that they do not hinder the care of the child. A criminal record may also not be a reason for refusal if the offence is minor.

Other factors are also examined during the process, such as the stability of the partner’s relationship, financial security and the quality of the family background. Readiness to adopt a child is assessed by experts during psychological tests and preparation courses. Meeting these conditions is key to ensuring that the adoption will benefit not only the child but also the new family.

Preparing for adoption: what do the courses and psychological tests involve?

Preparing for adoption is an important part of the whole process, helping prospective parents to better prepare themselves for adopting a child and coping with the challenges that adoption brings. This phase includes mandatory psychological tests and preparation courses.

The psychological tests are aimed at assessing the personality of the applicants, their motivation to adopt, the stability of the partner relationship and their ability to cope with challenging situations. The tests usually take place in two rounds – the first part is written, where the applicants are confronted with questionnaires and psychodiagnostic methods. The second round involves a personal interview with a psychologist who examines in detail their background, approach to parenting and expectations.

These courses last for several weeks to months and aimto provide applicants with information about adoption, the child’s needs and the possibilities of integration into a new family. Participants will also meet other applicants and professionals who will provide valuable advice.

Which children can be adopted and how long is the waiting period?

Adoption is a process that is conducted primarily in the interests of children, so there are clearly defined rules about who can be adopted. Only a child who is so-called legally free can be adopted. This means that the birth parents have been relieved of parental responsibility, have given up the child voluntarily or have not been interested in the child for a long time. A child who meets these conditions is included in the register of children suitable for adoption.

Those interested in adoption can adopt both newborns and older children. The fewer requirements the prospective parents have (for example, the age, gender, ethnicity or health of the child), the faster the adoption process can proceed. Adopting a healthy newborn tends to be more time-consuming, while parents who are willing to adopt a child with health limitations or of a different ethnicity can shorten the waiting time considerably.

The waiting time for a child ranges from 1-5 years, depending on the requirements of the applicants. Once on the register of prospective adoptive parents, the search for the most suitable family for a particular child takes place, not the other way around. This process is challenging as the aim is to ensure that the new environment is as appropriate as possible to the needs of the child.

The legal process of adoption: how do you become a parent?

Adoption is a complex legal process that ends with a court decision on adoption and the official recognition of the adoptive parents as parents. Once you have been matched with a suitable adoptive parent and found a child who matches your abilities and preferences, you are then introduced to the child’s documentation. This stage is crucial as it allows the adoptive parents to obtain information about the child’s health and social background and his/her development so far.

The child’s birth parents must consent to the adoption. The mother of the child can sign it no earlier than six weeks after the birth, the father immediately after the birth of the child. Consent to adoption can be revoked within 3 months of the date on which it was given. After the expiry of the three-month period, it may be revoked if the child to be adopted has not yet been placed in the care of the adopter before the adoption.

Consent is not required if the parents have been deprived of parental responsibility and of the right to consent to the adoption, or if the parent is in an unknown place that cannot be traced, or if he or she has persistently, consistently and culpably failed to show interest in the child. In such cases, the guardian shall give consent.

In the case of children over 12 years of age, their own consent to the adoption shall also be required.

In terms of building the relationship between the prospective parents and the adopted child, the key step is the so-called pre-adoption care. The child is placed in the care of the prospective adoptive parents for at least three months. The court must decide on the transfer at the request of the adoptive parent and examine the appropriateness of such a step. In doing so, it looks at the person of the adoptive parent, the child’s personality and state of health, the environment to which the child will move, etc. In the context of pre-adoption care, the family and the child get used to living together and are supported by social workers. On the basis of this care and other assessments, the court decides on the adoption itself.

Legal consequences of adoption

Once the adoption is approved by the court, the adoptive parents become legal parents with all the rights and obligations that come with this role. In legal terms, adoption creates the same relationship as between biological parents and their children. The adopted child takes the surname of the adoptive parents, all legal ties to the biological family cease and the adoptive parents assume full parental responsibility. The child becomes the heir of the adoptive parents and vice versa, which has consequences for future property matters.

Conversely, the kinship between the adopted child and the original family and the rights and obligations of the guardian or custodian cease.

The adoptive parents may give the child a different first name within 6 months of the adoption. However, children over 15 years of age must agree to such a change.

The adoptive parents are legally obliged to inform the child of the adoption. This information should be communicated sensitively and in good time, no later than the start of school. The ability of parents to communicate openly about a child’s past is crucial to building trust and a healthy identity for the child.

Summary

Adoption is a challenging process that changes the lives of children and their new parents. The path to adoption involves meeting strict requirements, completing preparation courses and waiting. Adoptive parents assume full parental responsibility and legal status. In legal terms, adoption creates the same relationship as between biological parents and their children.