Foster Care

Quick Overview:
Foster care takes precedence over institutional care. Its forms include care by another person, foster care, temporary foster care, guardianship with personal care, and adoption. The court decides on a child’s placement, and the child’s best interests are always considered. Adoption creates a parent-child relationship. Foster care, on the other hand, preserves ties to the child’s birth family. A guardian replaces the parents in the legal representation of the child but has no obligation to provide financial support. A custodian usually protects the child in a specific matter, such as a conflict of interest.

When Is Alternative Family Care Considered?

Alternative family care is considered when parents are unable to care for the child themselves. The reasons may be temporary or long-term: illness, addiction, death of the parents, imprisonment, severe neglect, abuse, long-term inability to provide care, or any other situation that endangers the child.

In such cases, the state must seek a solution that best meets the child’s needs. Institutional care—such as a children’s home or other facility—should be a last resort. The Civil Code expressly stipulates that placing a child in the care of another person, as well as foster care, takes precedence over institutional care.

Social and legal protection of children includes, among other things, safeguarding the child’s healthy development, protecting the child’s legitimate interests—including property—and ensuring a substitute family environment for a child who cannot be raised, either permanently or temporarily, within their own family.

In practice, the first step is to determine whether someone from the extended family or among the child’s close associates can care for the child. This may include grandparents, an aunt, an uncle, an older sibling, a family friend, or another person with whom the child has a genuine relationship. The law gives priority to a relative or someone close to the child in cases of care by another person or foster care, provided that this is in the child’s best interest.

What forms of alternative family care are recognized under Czech law?

In practice, the terms most commonly used are adoption and foster care. However, the Czech system is broader. The basic forms of alternative family care are: care by another person, sometimes referred to as guardianship; foster care; temporary foster care; guardianship with personal care; and adoption.

In addition, there is also guardianship of a child. However, this does not usually mean that the guardian raises the child long-term as a substitute parent. A guardian is typically appointed for a specific task, such as in court proceedings, in the event of a conflict of interest, or for the administration of the child’s property. The Civil Code states that the court appoints a guardian for a child, among other things, if there is a risk of a conflict of interest between the child and another person, if the legal representative does not sufficiently protect the child’s interests, or if it is in the child’s best interest for another reason.

In simple terms, the difference can be summarized as follows:

• Adoption replaces the original parent-child relationship with a new parent-child relationship.
• Foster care provides personal care, but the child’s legal ties to their biological parents generally remain.
• Care provided byanother person often takes place within the extended family when neither the parents nor a guardian can care for the child.
• Guardianship replaces the parents in parental responsibility when there is no parent who can fully exercise that responsibility.
• Guardianship protects the child in specific matters or proceedings, not necessarily in day-to-day care.

Adoption: When a Child Gains New Parents

Adoption is the most fundamental form of foster care. The Civil Code states that adoption means accepting a stranger as one’s own child. A prerequisite for the adoption of a minor is a relationship between the adoptive parent and the adoptee akin to that between a parent and a child, or at least the foundations of such a relationship; the adoption of a minor must be in the best interests of the child.

The court decides on the adoption of a minor upon the petition of the person who wishes to adopt the child. After the adoption is granted, the adoptive parent or parents are entered in the civil registry as the child’s parent or parents. An adoptive parent may be any adult of sound mind who, by virtue of their personal qualities, lifestyle, and reasons for adoption, can guarantee that they will be a good parent to the child. The health of the adoptive parent or parents must not significantly limit their ability to care for the child.

Married couples may adopt a child jointly. One spouse may also serve as an adoptive parent. Starting in 2025, a provision regarding domestic partnerships will also take effect: a partner may become an adoptive parent if the other partner is the child’s parent. However, Czech law still does not allow partners to jointly adopt a child from institutional or foster care in the same way as married couples.

There must be an appropriate age difference between the adoptive parent and the child , generally at least sixteen years. Adoption is not permitted between relatives in the direct line or between siblings, with the exception of surrogacy.

Example: A child has been living with his or her mother and her new husband for a long time. The biological father has died or has long shown no genuine interest in the child, and the legal requirements are met. The mother’s husband may petition the court to adopt the child. If the court grants the petition, he becomes the child’s legal parent.

Consent of the Parents and the Child to Adoption

In principle,both the child’s consent and the parents’ consent are required for adoption. A child who has reached at least twelve years of age must personally consent to the adoption, unless the requirement for personal consent would be fundamentally contrary to the child’s best interests or the child is unable to assess the consequences of giving consent. For a younger child, consent is given on the child’s behalf by a guardian, typically the Social and Legal Protection of Children (OSPOD), and the court will hear the child’s testimony if possible.

The consent of the adoptive child’s parents is also required for adoption . The mother may give her consent no earlier than six weeks after the child’s birth, and the father no earlier than the child’s birth. If consent is given earlier, it will not be taken into account.

Consent to adoption may be revoked within three months of the date it was given. In some situations, it may be revoked even later, for example, if the child has not yet been placed in the adoptive parent’s care prior to the adoption.

Parental consent is not required only in exceptional situations. These include, for example, cases where a parent has been deprived of parental responsibility and the right to give consent to adoption, is unable to express their will, or is in an unknown location. Consent is also not required from a parent who clearly has no interest in the child; the law presumes clear lack of interest if at least three months have passed since the last expression of genuine interest, under the conditions set forth by law.

Prior to a decision on adoption , pre-adoption care generally takes place. Before the court’s decision, the child must be in the adoptive parent’s care for a period sufficient to verify that a relationship consistent with the purpose of adoption is developing between them; this care shall not end before six months have elapsed.

The adoptive parent is also obligated to inform the child of the adoption as soon as it seems appropriate, but no later than the start of school.

Can an adoption be revoked?

Adoption is intended to be a stable and safe solution for the child. Nevertheless, the Civil Code provides for the annulment of an adoption.

If there are compelling reasons to do so, the court will revoke the adoption upon the request of the adoptive parent or the adoptee. However, an adoption cannot be revoked after three years have elapsed since the adoption decision. An exception is made when the adoption is contrary to the law.

The annulment of an adoption terminates the relationship created by the adoption and restores the previous family relationship. However, the adoptee’s property rights and obligations arising prior to the annulment are not affected by the annulment. The court may also decide that the adoption is irrevocable if this is in the best interests of the child. It may do so even before three years have elapsed since the adoption decision.

Foster Care: The Child Remains Legally Connected to the Biological Family

At first glance, foster care is similar to adoption because the child lives with a family and the foster parent cares for the child on a daily basis. Legally, however, there is a fundamental difference: foster care does not replace the original parental relationship. The court may place a child in the personal care of a foster parent if neither parent nor a guardian is able to care for the child personally. Foster care takes precedence over institutional care. The court may also place a child in foster care on a temporary basis.

Foster care may last only for as long as the obstacle preventing the parents from personally caring for the child persists. A parent may request that the child be returned to their personal care, and the court will grant the request if it is in the child’s best interests.

In principle, parents retain parental responsibility, with the exception of rights and obligations that the law assigns to the foster parent or that the court otherwise determines. They also have the right to regular contact with the child and the right to information about the child, unless the court decides otherwise for reasons worthy of special consideration.

The foster parent has no obligation to provide child support. Placing a child in foster care does not affect the duration of the parents’ child support obligation. The court determines the amount of child support to be paid by the parents based on their means, abilities, financial circumstances, and the child’s needs. The foster parent represents the child and manages the child’s affairs in day-to-day matters. For major decisions, the parents’ or the court’s approval will be required, depending on the specific situation.

Example: The child’smother has been struggling with addiction for a long time, and the father is unknown. The child’s grandmother begins to care for the child. If she is able to provide a safe and stable environment, the court may place the child in her foster care or in the care of another person, depending on the specific circumstances. This does not automatically sever the child’s parental ties to the mother.

Temporary Foster Care and Foster Care Benefits

Temporary foster care is intended for situations where a child needs a family environment quickly, but a long-term solution is still being sought. This may involve, for example, a newborn, a child suddenly removed from their family, or a child for whom it is still uncertain whether they will be able to return to their parents, be placed with relatives, enter long-term foster care, or be adopted.

The Labor Office distinguishes between mediated and non-mediated foster care. Mediated foster care begins after the regional office “matches” a child with an applicant. Non-mediated foster care typically involves care provided by a relative or close acquaintance, or a situation where the foster parent has chosen the child themselves and applied to have the child placed in their care.

Foster care benefits primarily include an allowance to cover the child’s needs, a foster parent’s stipend, an allowance upon taking the child into care, an allowance for the purchase of a personal motor vehicle, and a foster care allowance. The Labor Office determines eligibility.

After leaving foster care or institutional care, young adults may receive maintenance allowances if they meet the eligibility requirements. The Ministry of Labor and Social Affairs (MPSV) specifies a one-time allowance of 28,750 CZK and a recurring monthly allowance of 17,250 CZK, which may be paid until the dependent young adult reaches the age of 26 at the latest.

Care by Another Person, or Foster Care

Care by another person is a practical form of foster care that is often utilized within the extended family. The Civil Code states that if neither parent nor guardian is able to personally care for a child, the court may place the child in the personal care of another person. The decision must be in the best interests of the child.

This caregiver must provide guarantees of proper care, reside in the Czech Republic, and consent to the placement of the child. If a relative or someone close to the child has taken on the care, the court will give them preference over another person, provided this does not conflict with the child’s best interests.

Placement in the care of another person does not replace foster care, pre-foster care, or the care that must precede adoption. However, it takes precedence over institutional care. The court shall define the obligations and rights of the caregiver; otherwise, the provisions on foster care shall apply mutatis mutandis.

The court shall order the parents to pay child support and require them to pay it directly to the caregiver. The caregiver has the right to collect this child support and manage it in the child’s best interests. The court may determine what portion of the child support is to be spent and what portion is to be saved for the child.

This arrangement may be appropriate, for example, when a grandparent or aunt is temporarily caring for the child and the goal is to preserve the child’s family ties without immediately resorting to adoption or long-term foster care.

Guardianship: When a Child Has No Parents Exercising Parental Responsibility

Guardianship comes into play when there is no parent who has and fully exercises parental responsibility toward the child. This may occur, for example, in the event of the parents’ death, termination of parental responsibility, or any other situation in which the parents do not exercise parental responsibility. The court then appoints a guardian for the child.

In principle , the guardian has all the same rights and obligations toward the child as a parent, but is not obligated to provide financial support for the child. In exceptional cases, the court may define the scope of the guardian’s rights and obligations differently, depending on the guardian’s circumstances, the child’s situation, and the reasons why the parents do not have parental responsibility.

If a situation arises in which a guardian must be appointed for the child, the Social and Legal Protection of Children (OSPOD) acts as the public guardian until the court appoints a specific guardian or the guardian assumes the role. When selecting a guardian , the court also takes into account any suggestions made by the parents. If this does not conflict with the child’s best interests, the court may appoint that person. Otherwise, the court seeks someone from among the child’s relatives or people close to the child or their family; if no such person is available, the court appoints another suitable individual.

The guardian is subject to ongoing supervision by the court. He or she submits regular reports to the court regarding the child and his or her development and submits accounts of the administration of the child’s estate at least once a year, unless the court specifies a shorter period. If the guardian personally cares for the child, the law grants him or her financial support equivalent to that of a foster parent.

Child Guardian: Protection in a Specific Situation

A child’s guardianship must be distinguished from foster care or guardianship. A guardian often does not provide day-to-day care for the child. They are appointed to protect the child in a specific matter.

Typically, a guardian is appointed:

• in the event of a conflict of interest between the child and a parent,
• in legal proceedings where it is necessary to independently defend the child’s interests,
• in the administration of the child’s property,
• if the legal representative does not adequately defend the child’s interests,
• if required by law or in the best interests of the child.

In its decision appointing a guardian, the court will state why the guardian is being appointed, how long the guardian is to serve, what rights and obligations the guardian has, whether the guardian needs the court’s consent for certain actions, whether the guardian must report to the court, and whether the guardian is entitled to reimbursement of costs or compensation.

An example is probate proceedings, where both the child and a parent inherit from the same person and their interests may differ. Another example is the administration of a child’s substantial estate, in which case it may be appropriate to appoint a guardian to manage the estate.

Maternity Leave, Parental Leave, and Employment Rights When Taking in a Child

Foster care is not merely a family law decision. It also has implications for labor law and social security.

When taking a child into care that replaces parental care , entitlements under health insurance regulations and labor laws may arise if the statutory conditions are met , such as maternity benefits, sick pay, maternity leave, or parental leave. Specific entitlements always depend on the type of care, the child’s age, the caregiver’s employment status, and compliance with the relevant laws.

In practice, we recommend addressing these issues immediately after the court’s decision or even while preparing to take the child into care. The caregiver often needs to provide documentation of the decision regarding the placement of the child, foster care, pre-foster care, or guardianship. The Labor Office states that, for foster care benefits, the required documentation includes, among other things, decisions or proposals regarding the placement of a child in care, foster care, pre-foster care, or the appointment of a guardian.

Summary

Foster care is intended to provide a child with a family environment when their parents are unable to care for them. It takes precedence over institutional care. However, it is not a single legal institution—Czech law distinguishes between adoption, foster care, temporary foster care, care by another person, and guardianship with personal care. Guardianship of a child is a separate protective institution that is often used for specific proceedings or conflicts of interest.

Adoption creates a new parental relationship. Foster care preserves the child’s legal ties to their biological parents, who continue to have a duty of support. Care by another person is often arranged with relatives or people close to the child. A guardian replaces the parents in the exercise of parental responsibility but has no obligation to provide child support. The court decides on each form, and the child’s best interests must always be the deciding factor.