Foster care and adoption

Foster parents and adoption

• What is the difference between foster care and adoption?
• What is foster care adoption?
• What does adoption or foster care entail?
• Does adoption or foster care necessarily involve a legal process?
• What role does age play?
• Are there any legally binding deadlines that have to be met when adopting?
• How do cross-border implications affect adoption or foster care?

These are questions that are best answered in an individual consultation, although the following may be stated:

All children have the right to a loving family and a stable home. In the tragic event that this not be so, the possibilities of foster care and adoption can offer the needy child stability and support. Preferably sooner than later! However, as it is an intervention in the family and children are involved, the process of adoption (and possibly foster care) can be intricate and tedious, for example waiting periods for adoption can vary in length from months to years. Furthermore, in Austria there are by far, far more applicants for adoption than there are children eligible for adoption. Should adoption or foster care across boundaries come into consideration, a great many variables could come into play, the legal implications of which must be individually assessed by an experienced and proficient lawyer.

Though adoption or foster care may be generally perceived as primarily a social or emotional process, it is a legal process too. An adoption consists of two legal acts: 1. the conclusion of an adoption contract between the child and the adoptive parents and 2. the court authorization of the adoption contract. In contrast to foster care, the goal of adoption is to legally establish a permanent relationship with concomitant rights and responsibilities. Adoption in Austria is regulated by the Articles 191 – 203 of the Austrian Civil Code, which set out the conditions for adoption; with the emphasis being on the child’s wellbeing. Adopting a child from abroad means that international agreements must also be observed. It must be mentioned here that the possibility of an adult adoption by a foreigner is however, severely restricted in Austria. Legal advice and representation is therefore essential for an effective adoption. A proficient lawyer, preferably specialised in family law, would be advisable to acccompany you through all legal steps, from the conclusion of the adoption contract to the court authorization, as well as to navigate you through cross-border issues should it be an international adoption: contact

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