Adoption of a child
It is very rare for a child to be given up for adoption in Liechtenstein. For this reason, Liechtenstein effectively only adopts children from abroad.
The Office for Social Services is the authority responsible for adoptions. It has various tasks in this context. It advises couples wishing to adopt and prepares the social report (so-called home study) and the necessary dispositions as part of the adoption procedure.
Liechtenstein acceded to the 33rd Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption in 2009. This is a multilateral convention in the area of intercountry adoptions, which regulates cooperation between the competent authorities in the child's country of origin and the receiving country. The aim of this treaty is to safeguard the welfare of the child, to prevent the abduction and sale of children and trafficking in children and to define the framework for cooperation between the competent authorities in the relinquishing and receiving countries. The Office for Social Services is Liechtenstein's Central Authority and acts as an interface with the Central Authorities of the children's countries of origin.
Additional information on the Hague Convention and the current contracting states as well as the explanatory documents are available on the website of the Hague Conference (Hague Conference > section Intercountry Adoption).
In principle, adoptions from countries that are not party to the Hague Convention are also possible in Liechtenstein. In these cases, it is necessary to check whether the relinquishing country fulfills the legal requirements applicable in Liechtenstein (Chapter E KJG). In this case, communication with the competent authorities in the relinquishing country is the responsibility of the adoptive applicant.
Legal requirements for adoption
According to § 180 of the General Civil Code (ABGB), adoptive parents must have reached the age of 25. The adoptive father and mother must be at least 16 years older than the adopted child.
As a rule, spouses and registered partners may only adopt jointly (see ABGB for exceptions). In Liechtenstein, there is no prescribed duration of marriage for adoption. Individuals can also adopt a child.
In addition to the legal requirements of Liechtenstein, the legal provisions of the country of adoption also apply (e.g. duration of marriage, age limits for adopters).
Suitability
The Office for Social Services checks the suitability of the adoptive applicants. In doing so, it clarifies the reputation, health, personality, educational suitability, financial circumstances and living conditions of the adopters. Based on this information, it assesses whether the adoptive applicants can provide good care, upbringing and education as well as the maintenance of an adoptive child and are therefore suitable for adoption.
Costs
It is difficult to quantify the total costs of an adoption procedure, as the Office for Social Services does not have any official figures. According to feedback from adopters, the costs are between CHF 10,000 and CHF 20,000 and vary from country to country. These include, for example, fees for documents, translation and certification costs, any service fees for placement agencies, travel and accommodation costs in the country of relinquishment. The Office for Social Services collects fees totaling CHF 900 for its services in the adoption procedure.
Duration
Experience shows that an adoption procedure takes two to four years. However, submitting a dossier in a surrender country does not guarantee that applicants will receive a concrete proposal for a child. In some cases, an adoption never takes place.
Countries of origin
Adoptive applicants are basically free to choose their country of origin. This means that the legal requirements described above must be met. The regulations and requirements for adoption vary greatly in the relinquishing countries and are subject to constant change (e.g. relinquishment stops are imposed, waiting times change, new requirements regarding documents). For this reason, the Office of Social Services does not make any recommendations regarding countries of adoption. Appropriate clarifications must be made if necessary.
Adoption agencies
Adoption agencies are private organizations which, due to their knowledge of the procedure and local circumstances as well as their contacts in the countries of origin, are an important support for those wishing to adopt. They usually specialize in one or a few countries. The placement agencies support applicants in preparing for adoption, accompany and support them throughout the adoption process and, if desired, also after the adoption. They are not responsible for the decisions, neither in the area of issuing the certificate of suitability nor with regard to the necessary decrees. This is the sole responsibility of the Central Authority.
The involvement of a placement office is not mandatory in Liechtenstein. As there are no adoption agencies in Liechtenstein itself, it is recommended that interested parties contact accredited agencies in Switzerland. An up-to-date list of addresses is available on the website of the Federal Office of Justice: www.adoption.admin.ch
Procedure
The most important steps:
- Usually, the first personal contact between the adoptive applicants and the Office for Social Services takes place during an information meeting. The aim is to provide detailed information about the legal requirements and the procedure and to clarify any questions the applicants may have.
- If the applicants decide to start an adoption procedure, they inform the Social Services Office of this decision. This office will send them forms to be completed and a list of documents to be submitted together with the formal application to start the adoption procedure.
- After examining the documents submitted, several personal interviews and a home visit take place. Psychological tests are also carried out. The social report, the so-called home study, including a certificate of suitability, is drawn up on the basis of the information gathered.
- Together with the social report, a provisional approval is issued for the adoption of a child whose identity is still unknown. If the adoption application goes to a relinquishing country that is a party to the Hague Convention, the Office for Social Services sends the parental dossier (= social report and documents of the adoptive applicant) to the central authority of the relinquishing country. If the relinquishing country is not part of the Hague Convention, the adoptive applicants themselves are responsible for submitting the documents to the competent authorities in the relinquishing country.
- The waiting period begins with the submission of the parental dossier until a child proposal is received from the country of surrender.
- Upon receipt of the child proposal, the Office for Social Services checks whether the child's documents (child dossier) are complete and comprehensible. At the same time, the adoptive applicant applies to have the named child adopted.
- If the Office for Social Services comes to the conclusion that the adoptive applicant and the child are a good match, it issues a definitive permit for the adoption of the child from Liechtenstein. The procedure can then be continued in the country of relinquishment.
- Depending on the provisions of the relinquishing country, the child is then adopted in the relinquishing country by adoptive applicants or a guardianship is set up for the purpose of later adoption in Liechtenstein.
- The adoptive applicants are legally obliged to travel to their home country at least to collect the child. After the child has been adopted, the departure to Liechtenstein must be organized (visa, passport, etc.).
- Once the child has arrived in Liechtenstein, the adoptive parents are obliged to inform the Office for Social Services within 10 days.
- Depending on the regulations of the country of abandonment, the Office for Social Services will draw up post-placement reports on the child's development in the adoptive family.