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?
Direct adoption, also known as “open adoption”, is a specific type of adoption in which birth parents give their child directly to specific adoptive parents. This process differs from a traditional adoption, where the child is placed in the care of a new family through state authorities such as regional authorities or the OSPOD (Department of Social and Legal Protection of Children). Direct adoption allows for a faster process of transition of the child to the new family, minimising the trauma associated with staying in infant institutions or children’s homes.
However, unlike traditional adoption, direct adoption carries more legal and personal risks. The Czech legal system does not explicitly recognise this concept, but it is not prohibited unless the law is violated. Otherwise, however, the act may be considered illegal child trafficking, which may lead to criminal prosecution.
Direct adoption does not allow any form of mediation by the authorities. Only persons who know each other or have some form of acquaintance with each other may do so. This is the essential difference between direct and conventional adoption.
Another difference between the two types of adoption is anonymity. In a traditional adoption, the adoptive and birth parents are usually unaware of each other’s identities, whereas a direct adoption often involves (although not necessarily) direct contact between the parties, which can have emotional effects on all involved.
From the above, it is imperative that a direct adoption be carefully planned and consulted with professionals to ensure that the process complies with the law and minimizes risks to all parties.
Are you dealing with a legal issue related to the adoption of a child?
Contact us and we will create a tailor-made solutionfor you . Our experts will send you a proposal and calculation within 24 hours. If you use our services to solve your problem we will refund your fee.
The key prerequisite is the consent of the biological parents to the adoption. This consent must be given before a court, freely, seriously and after proper instruction. It can be signed by the child’s mother no earlier than six weeks after the birth, and by the father immediately after the birth of the child. Consent to adoption may 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. If the consent of the parent was formulated as an address (i.e. with the designation of a specific person) and the adoption petition is withdrawn, this consent is ineffective against other persons.
Once the consent of the biological parents has been given, the child may be placed in the pre-adoptive care of the prospective adoptive parents by court order. Here, the OSPOD (Department of Social and Legal Protection of Children) plays an important role by checking the suitability of the prospective adoptive parents and ensuring that the child’s interests are protected. The court assesses, for example, the health and social circumstances of the adoptive parents, but also whether their motives for adoption are in line with the best interests of the child.
It is essential to work with professionals, such as attorneys or social service workers, to help prepare the petition to the court and ensure that the entire process is handled properly.
Tip: Are you considering adoption and want to learn how the process works? We’ll give you an overview of the requirements you need to meet, who to contact, how long the process takes and what it takes to prepare for adoption. Which important facts should you know as prospective parents?
The law does not prohibit direct adoption. However, it is necessary to be wary of practices that border on child trafficking. For example, the relatively frequent “search for adoptive parents” through internet advertisements (especially when linked to an open offer of financial remuneration) may be over the line. Such conduct may, in certain circumstances, be considered as the offence of Entrusting a child to the care of another, which carries a penalty of up to ten years’ imprisonment, or as Trafficking in human beings, which carries a penalty of up to eighteen years’ imprisonment.
One common illegal practice is circumventing the law through false recognition of paternity. This method is sometimes chosen by women who have become pregnant unplanned and do not want to keep the child, or by women from socially disadvantaged backgrounds who are looking for a solution to their situation.
In this case, the prospective adoptive father and the birth mother agree to officially designate the adoptive father as the father of the child. This gives the man a legal relationship to the child. The authenticity of paternity is not usually checked in such a situation. Subsequently, the biological mother, together with the fake “father”, can give consent for the adoption of the child by the “father’s” partner (in exchange for a financial reward). This fraud is difficult to prove, making it a common method of illegal adoption.
A significant risk of illegal practices is the legal uncertainty for both the adopter and the child. If a violation of the law is found, the adoption can be annulled by the court. Also, the birth mother may change her mind under the pressure of emotions and deny paternity retrospectively, which will complicate the situation considerably. There are also always penalties from the law enforcement authorities.
Tip: Fostering is also an alternative to adoption. We have discussed the forms and legal circumstances of fostering in detail in our article.
Surrogacy is also related to reaching out to specific people and finding parents. Unlike in many foreign countries (typically the USA), this institution is not regulated in detail in the Czech Republic. But again, it is not prohibited and more or less the actors are in the grey zone of the law.
The official selection of a surrogate mother from the database is not possible in the Czech Republic, and interested parties often look for surrogate mothers through advertisements. The law only allows the surrogate to pay for expenses directly related to the pregnancy, such as food, medical examinations, travel costs, clothing or possibly accommodation. In practice, however, surrogate mothers often demand and receive financial remuneration for carrying the child unofficially, which is also illegal.
The absence of the possibility to formally regulate surrogacy legally makes many aspects of this situation a question of trust between the parties involved. Even if the birth mother and the prospective parents had entered into a written agreement, the claim to take the child would not be legally enforceable. Under the law, the woman who gives birth is always the mother and nothing can force her to actually hand over the child.
This situation can be particularly complicated in cases where the surrogate mother carries the child resulting from the fusion of the genetic material of both prospective parents. Although she herself would have no genetic link to the child, she remains the child’s legal mother, which can lead to legal and personal conflicts.
After giving birth and handing over the child to the couple, the woman who was the egg donor must apply for adoption, even though she has a genetic link to the child. According to the law, the woman who gave birth to the child is always the mother. The adoption process can take several months, and is usually easier if at least one of the adoptive parents, usually the father, is listed on the child’s birth certificate.
Legally, adoption is governed by the provisions of the Civil Code. The whole process has fixed procedures. The child must be in the care of the adoptive parent at his or her expense for a sufficiently long period of time to form a strong emotional bond. This care lasts for a minimum of six months, after which the court may decide to register the adoptive child on the birth certificate.
Direct adoption in the Czech Republic is a rather legally challenging and sensitive process. Although it allows for a quicker transition of the child to a stable family, it requires careful compliance with the legal rules that protect everyone involved, especially the child. The key to a successful direct adoption is cooperation with the OSPOD and professionals who will help ensure that everything is done in accordance with legal standards and the best interests of the child. At the same time, it is important to avoid illegal practices that not only jeopardize the adoption process but can also bring serious legal consequences.
Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.
