Adoption of an adult is not a common issue in the Czech legal system, but it can be an important step in many life situations. What exactly does this process entail, who can initiate it and what are its consequences? Here is a clear overview of the legal regulation of adoption of minors and answers to the most frequently asked questions.
Adoption of an adult may seem unusual at first sight, but in practice there are various reasons why people approach it. One of the most common motives is to strengthen the close relationship between adopter and adoptee, which has often been built up since the adoptee’s childhood. A typical example is where the adoptive parent has raised the child of his or her partner or someone else, but for formal reasons the adoption did not take place before the child reached the age of majority. Adoption of an adult thus makes it possible to legally confirm and seal a long-term parental relationship.
Another common reason is the need to regulate inheritance rights. Adopting an adult ensures that the adoptee will inherit from the adoptive parent in the same class as the biological children. This is often important, for example, in situations where the adopter has no offspring of his or her own or wants to ensure that a particular person has the same rights as members of his or her family.
Some people also adopt because they want to sever ties with their biological family. This step can be significant in cases where the birth parents have left debts or have been unable to fulfil their parental role. Adoption of an adult is thus often not only a legal but also a symbolic act of a new beginning.
Tip: Are you considering adoption and want to learn how the process works? Which important facts should you know as prospective parents? We’ll take you through the requirements you need to meet, who to contact, how long the process takes and what it takes to prepare for adoption.
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The Czech Civil Code distinguishes two basic types of adoption of minors: adoption similar to adoption of minors and adoption for reasons worthy of special consideration. These types differ both in purpose and legal consequences.
Adoption by analogous adoption of minors is based on the assumption that a long-term relationship resembling parenthood exists between the adopter and the adoptee. Typical cases are situations where the adopter has cared for the adoptee since childhood or where the adopter intends to adopt the child of his or her spouse. This type of adoption often makes it possible to preserve family ties and formalise relationships that have existed in practice for many years. The rules for this type of adoption follow similar principles as for the adoption of minors.
Adoption on grounds of special consideration is more exceptional and aims to deal with specific situations. It may occur, for example, if the adopter has no biological or legal descendants or if his or her own descendants are unable to fulfil their family obligations. However, this type of adoption does not lead to the creation of kinship and property ties between the adoptee and the adopter’s extended family.
Adoption of an adult is a specific legal institution which can be initiated only on the proposal of the person who wishes to adopt the adult. The petition is filed by the adoptive parent with the competent court and must be accompanied by the person to be adopted. This ensures that the adoption takes place on the basis of the free will of both parties.
The filing of the petition is subject to the existence of a legitimate reason for the adoption, which corresponds to one of the types of adoption provided for in the Civil Code. In the case of an adoption similar to the adoption of a minor, it is necessary to prove, for example, the care of the adoptee at the time of his or her minority or the relationship between the adopter and the adoptee’s parent. In the case of adoption for reasons of special consideration, it must be shown that the adoption is beneficial to both parties or at least one of them.
If the adoptee is an adult and also married, theconsent of his or her spouse is also necessary. In addition, other persons whose interests may be affected by the adoption, such as the offspring of the adoptee, may be involved in the proceedings. The whole process takes place in the form of a court procedure, where all the legal conditions are examined and, above all, whether the adoption is not contrary to good morals.
Tip: Direct adoption, i.e. a situation in which biological parents entrust their child directly to adoptive parents, is a sensitive and legally complex topic in the Czech Republic. How does this process work, what is required to make it legal, and what risks does it entail?
The process of adopting an adult begins with the filing of a petition with the court. The petition must contain all the necessary information, such as the personal details of both parties, the reasons for the adoption and any other circumstances that are relevant to the assessment of the case.
The court then examines whether all the conditions laid down by law are met. In particular, the assessment of whether the adoption is not contrary to good morals plays a key role.
The proceedings include the taking of evidence, which may involve questioning both parties, their family members or other interested persons. If the adoptee has a spouse or children, their consent may also be required. After a positive decision by the court, the adoption becomes legally effective and the adoptee acquires a new legal status, which is reflected, for example, in inheritance law or family relations.
The adoption of an adult has significant legal consequences, particularly in terms of family and property relations. Although it is a formal step, its impact can be significant for the adopter, the adoptee and the offspring.
One of the main consequences is the creation of a legal relationship between the adopter and the adoptee that resembles biological parenthood. The adoptee thus acquires, for example, the right to inherit from the adopter in the first class of inheritance together with his/her children and spouse. The adoptee does not, however, acquire inheritance rights in respect of the adopter’s other relatives, such as the adopter’s parents or siblings. Nor does the adopter have the right to inherit from the adoptee’s descendants.
Another consequence may be a change in the adoptee’s surname. The minor may keep his or her original surname or, with the consent of the adoptive parent, decide to add the adoptive parent’s surname to it. This change subsequently affects personal documents and other official documents, which may require administrative steps.
Adoption also breaks the legal ties with the original family, particularly in the area of maintenance. The adoptee is no longer entitled to maintenance from his or her biological parents if the adopter takes over this obligation. These legal changes underline the importance of adoption as a new beginning which has both legal and personal value for both parties.
Adult adoption is a legal tool that can have a strong personal dimension. One example is the story of our client who adopted his stepson, Robert, even though he had reached the age of majority. The stepfather had raised the boy from an early age and built a strong relationship with him that resembled traditional parenting. When his son reached the age of majority, he decided to formalise that relationship through adoption.
However, the whole process was not without its challenges. In order to adopt an adult, the court required the consent not only of the adoptee but also of all persons whose interests might be affected – in this case, the adoptive parents’ wife and the adoptee’s children. The court proceedings involved a detailed analysis of the family relationships and also an assessment of whether the adoption was not contrary to good morals. In the end, the adoption was approved, thus strengthening the legal and personal bond between the adopter and the adoptee.
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