Quick Overview
Foster care is a form of alternative family care in which a child grows up with a foster parent, but the legal relationship with the biological parents is generally maintained. The court decides whether to place a child in foster care. Agency-based foster care is preceded by an assessment of the applicant and professional training.
- Regular foster care can last until the child reaches the age of majority.
- Temporary foster care is primarily intended for temporary and crisis situations and generally lasts no longer than one year.
- Those interested in arranged foster care undergo a professional assessment and training lasting at least 48 hours.
- For temporary foster care, the training lasts at least 72 hours.
- For kinship or other non-agency foster care, the process is different and no placement agency is involved.
If you are already dealing with a specific placement of a child in foster care, a dispute with the biological parents, or other legal complications, we can help you.
What is foster care?
It is one form of alternative family care. It is ordered by a court, and the foster parent has both the right and the obligation to care for the child placed in their care. To a certain extent, they assume the role of parents in everyday matters. Unlike an adoptive parent, however, they do not have parental responsibility or a legal obligation to provide financial support for the child.
Temporary foster care is characterized by its short duration and focus on crisis situations. Unlike regular foster care, it lasts for a maximum of 12 months. If you’re thinking about becoming a foster parent, it’s important to understand the differences between these types of care and consider which one suits you best.
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Tip: We’ve covered legal matters related to adoption in our article.
When is foster care an option?
From the foster parent’s perspective, the main motivation is the desire to help a child who does not have a family of their own. Thanks to a foster family, the child gains everyday experiences and routines that institutional care cannot provide. From a legal standpoint, foster care is appropriate when a child is not legally available for adoption—that is, primarily when the child’s parents (we are referring here to parents who do not actually care for the child) exercise their parental rights and do not consent to adoption. Another type of case involves foster care provided by the child’s grandparents. In such cases, even if the child is legally free for adoption, adoption is not appropriate for various reasons, including age-related factors.
Temporary foster care plays a key role in emergency situations where a child needs a safe environment for a limited time. If you’re interested in becoming a foster parent, try contacting the Office for Social and Legal Protection of Children (OSPOD) and complete the required training. This type of care requires specific skills and emotional readiness.
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Depending on duration, we distinguish between regular foster care and temporary foster care. While regular foster care is provided following a court order and ends when the child reaches the age of majority, temporary foster care is ordered (also by a court) in urgent cases for the time strictly necessary, up to a maximum of 12 months.
Based on the foster parent’s relationship to the child, we distinguish between kinship foster care (which can be provided, for example, by grandparents) and non-kinship foster care. They also differ in whether prior training is required (which is not necessary for kinship care). According to statistics, the majority of foster families are kinship families.
Foster parents are entitled to various benefits as part of the foster care program. These include an allowance to cover the child’s needs, a foster parent’s stipend, and other forms of support. For example, the amount of the foster parent’s stipend depends on the type of care. Professional foster parents often receive higher financial support than relatives who care for a child under kinship foster care.
Legal Status of a Foster Parent
As indicated above, a foster parent does not become a substitute parent in the legal sense, but only in the practical sense. They ensure that the child does not suffer, has food to eat and clothes to wear, and provide the child with a suitable emotional environment. However, they are not registered in the civil registry as a parent; no right of inheritance arises between them and the child, and this legal relationship ends no later than when the child reaches the age of majority.
If the foster parent and the child develop a close personal relationship, nothing prevents them from continuing to live together, though outside the framework of foster care. Foster care is bounded and defined by a foster care agreement, through which foster parents receive support from the accompanying organization.
From practice: Foster parents sometimes assume that by taking in a child, they automatically assume all the rights of the biological parents. However, this is not the case. The biological parents’ parental responsibility may continue to a certain extent, and questions such as who can make decisions regarding major medical care, a change of school, or other fundamental matters concerning the child can be a source of disputes.
What Do the Courts Say?
In January 2026, the Constitutional Court considered a case involving a child’s contact with a non-relative with whom the child had formed a close bond. The Court emphasized that it is not sufficient to mechanically assess biological kinship. The court must examine the child’s actual emotional bond, the possible consequences of severing contact, and, above all, the child’s best interests. This principle may also be important in situations where a child forms strong bonds with other people while in foster care.
Foster Parent Compensation
One of the most common questions asked by those interested in foster care is about finances. Foster parent compensation is set by law and may vary depending on the number of children and the type of care. This applies to both compensation for arranged foster care and temporary foster care. The amount is officially payable to one person, so in the case of married couples, the allowance is paid to only one of them. The amount of the foster parent allowance is based on a multiple of the minimum wage (for agency-arranged foster care). Another benefit is the foster care allowance, provided for non-agency foster care (typically when grandparents provide care), which is based on the subsistence minimum, the number of children placed in care, and their health status.
The financial support system distinguishes between arranged and unarranged foster care. In the case of mediated foster care and temporary foster care, a foster parent’s allowance is payable upon fulfillment of the statutory conditions, with the amount linked to the minimum wage. In the case of non-mediated foster care—typically care provided by relatives—a foster care allowance is provided, which is tied to the subsistence minimum. The amount of support also depends, for example, on the number of children and their health status.
The situation may be further aided by other foster care-related allowances, such as the allowance to cover the child’s needs, through which the state helps foster parents cover expenses associated with caring for the child—for example, the purchase of clothing, shoes, or personal items.
How to Become a Foster Parent
How to Become a Foster Parent, Step by Step
1. Contact the OSPOD. An application for foster care placement is submitted to the municipal office with extended jurisdiction based on your permanent residence.
2. Prepare the necessary documents. The office will gather information about your health, social and economic circumstances, and other relevant details.
3. You will undergo a professional assessment. Among other things, your personality, physical and mental health, motivation, family environment, and suitability for caring for a child will be evaluated.
4. You will undergo training. For standard foster care placements, this training lasts at least 48 hours; for temporary foster care, at least 72 hours.
5. The regional authority will decide whether to include you in the registry. Subsequently, you may be matched with a specific child; the actual placement of the child in foster care is then carried out by the court.
What are the requirements for foster care?
The requirements for foster care are not limited solely to the applicant’s age or marital status. During the professional assessment, the authorities primarily examine whether the person is personally, physically, mentally, and socially prepared to care for a child long-term and to provide a stable environment for the child.
The following are assessed in particular:
- the applicant’s personality and mental and physical health,
- their motivation to become a foster parent,
- their ability to raise a child and meet the child’s needs,
- the stability of the family environment and relationships within the household,
- social and economic circumstances,
- the good character of the applicant and other persons in the shared household,
- the family’s ability to accept the child placed in their care.
In the case of temporary foster care, readiness to care for children with special needs and the ability to cooperate with their parents are also assessed.
The following documents must be submitted with the application:
- proof of citizenship or a permanent residence permit in the Czech Republic
- an extract from the Criminal Records Registry
- a report from the attending physician regarding the applicant’s health
- information on financial and social circumstances
An OSPOD staff member attaches her opinion to the application. If you have previously had children placed in your foster care, a statement from the organization with which you had a Foster Care Agreement is also attached. The application is then forwarded to the regional office, which decides on inclusion in the registry of individuals suitable to become foster parents or temporary foster parents.
During the preparation process, prospective foster parents also undergo psychological testing, and it is mandatory to complete professional training totaling at least 48 hours—or 72 hours for applications to be included in the registry for temporary foster care.
Assistance from an Attorney
Unfortunately, legal difficulties can sometimes arise while waiting to be matched with a suitable child or during the foster care process. The situation can be complicated, for example, by the biological parents’ inappropriate exercise of their rights or the need to obtain court approval for certain judicial decisions. Statistically, the highest number of foster parents are the children’s biological grandparents, so disputes with biological parents also mean disputes within the family itself. It is always in the child’s best interest for the entire matter to be resolved smoothly and as quickly as possible.
In practice, disputes regarding the child’s contact with biological parents or other close relatives tend to be particularly sensitive. However, there is no universal standard for contact that is suitable for every child. The court must always assess the specific family situation and, above all, the best interests of the child.
Sometimes you may encounter the layman’s view that involving lawyers will only escalate the situation and turn it into an unnecessary “legal battle.” But the opposite is true. An experienced family law specialist acts primarily with the child’s interests in mind and certainly does not intend to escalate the situation in any way. Consulting with such a specialist does not immediately mean litigation; rather, it can help guide you in the right direction and protect the child’s rights.
Both temporary and long-term foster care have one thing in common—the desire to provide children with a safe and loving home. If you’re interested in becoming a foster parent and would like to know more about the requirements and financial support available for foster care, don’t hesitate to contact the experts. In addition to wonderful moments, you’ll also face a responsibility that can change both your life and the child’s.
Summary
Foster care is a form of alternative family care, and the court decides who will be entrusted with it. A foster parent cares for a child but does not become the child’s parent and does not automatically assume full parental responsibility. If you’re considering becoming a foster parent, the process for mediated foster care involves submitting an application, undergoing a professional assessment, and completing preparation; the requirements for foster care include, among other things, personal, health, family, and social criteria. Temporary foster care is intended primarily for temporary crisis situations and generally lasts no longer than one year. Foster parents are also entitled to financial and professional support, depending on the type of care provided.
Frequently Asked Questions
Can an individual become a foster parent?
Yes. A foster parent does not have to be a married couple. However, the applicant’s specific personal, family, health, and social circumstances are always taken into account.
Does a foster parent have to own their own home?
The law does not require an applicant to own an apartment or a house. However, during the assessment, the authorities examine whether the applicant provides stable and suitable living conditions for the child.
Is there an upper age limit for a foster child?
There is no fixed maximum age limit. However, health and age are assessed in relation to the ability to provide long-term care for a specific child.
How long does it take to become a foster parent?
There is no set timeframe. The length of the process depends on the collection of documentation, the professional evaluation, the preparation, and the subsequent matching with a suitable child.
Can a foster parent make all the same decisions as a parent?
No. A foster parent provides personal care and makes decisions regarding the child’s day-to-day affairs, but does not automatically assume all of the biological parents’ parental responsibilities.