Adoption of a child

In Liechtenstein, a child is very rarely put up for adoption. Therefore, Liechtenstein knows de facto only the adoption of children from abroad.

The Office for Social Services is the authority responsible for adoptions. It has various tasks in this context. It advises couples who wish to adopt and, as part of an adoption procedure, prepares the social report (known as a home study) and the necessary decrees.

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 field of intercountry adoptions that 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 best interests of the child, to prevent the abduction and sale of children and trafficking in children, and to provide a framework for cooperation between the competent authorities in the relinquishing and receiving countries. The Office of Social Services is Liechtenstein's Central Authority and acts as an interface with the Central Authorities of the children's States of origin

Additional information on the Hague Convention and the current Contracting States, as well as the explanatory documents, is available on the Hague Conference website (Hague Conference > Section on Intercountry Adoption).

In principle, adoptions from countries that are not parties to the Hague Convention are also possible in Liechtenstein. In these cases, it is necessary to check whether the country of relinquishment meets the legal requirements applicable in Liechtenstein (Chapter E KJG). In this case, communication with the competent authorities in the country of departure is the responsibility of the adoptive applicants.

Legal requirements for adoption

According to § 180 of the General Civil Code (ABGB) adoptive parents must have reached the age of 25. Elective father and mother must be at least 16 years older than the elective child.

As a rule, spouses and registered partners may only adopt jointly (for exceptions, see ABGB). In Liechtenstein, there is no prescribed duration of marriage for adoption. individuals may also adopt a child.  

In addition to the legal requirements of Liechtenstein, the legal requirements of the country of adoption also apply (e.g. duration of marriage, age limits of the adoptive applicants).

Eligibility

The Office of Social Services checks the suitability of the adoptive applicants. In doing so, it clarifies the reputation, health, personality, educational suitability, economic circumstances and living conditions of the adoptive applicants. Based on this information, it assesses whether the adoptive applicants can provide good care, upbringing and education as well as the maintenance of an adopted child and are thus suitable for adoption.

Cost

It is difficult to quantify the total cost of an adoption process because the Office of Social Services does not have official figures on this. According to feedback from adoptive applicants, the costs range from CHF 10,000 to CHF 20,000 and vary from country of adoption to country of adoption. This includes, for example, fees for documents, translation and certification costs, any service fees for placement agencies, travel and accommodation costs in the country of departure. The Office of Social Services collects fees totaling CHF 900 for its services in the adoption process.

Duration

According to experience, adoption proceedings take two to four years. However, the submission of a dossier in a relinquishment country does not guarantee that adoptive applicants will receive a concrete proposal for a child. In some cases, an adoption never occurs.

Countries of origin

Adoptive applicants are generally 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 countries of delivery and are subject to constant change (e.g., delivery stops are imposed, waiting periods change, new requirements regarding documents). Therefore, the Office of Social Services does not make recommendations regarding countries of surrender. In case of need, appropriate clarifications must be made.

Adoption agencies

Adoption agencies are private organizations that  are an important support for those willing to adopt due to their knowledge of the procedure and the circumstances on site as well as their contacts in the countries of origin. they are usually specialized in one country or a few countries. The placement agencies support adoptive applicants in their preparation for adoption, accompany and assist them during the entire adoption procedure and, if desired, also after the adoption. They are not responsible for the decisions, neither in the area of granting the certificate of suitability nor in relation to the necessary decrees. This is the exclusive responsibility of the Central Authority.

The involvement of a placement agency is not mandatory in Liechtenstein. Since there are no adoption agencies in Liechtenstein itself, it is recommended that interested parties contact accredited agencies in Switzerland. An up-to-date address list is available on the website of the Federal Office of Justice: www.adoption.admin.ch

Procedure flow

The main steps:

• Usually, a first personal contact between the adoptive applicants and the Office of Social Services takes place within the framework of an informational interview. The purpose is to provide detailed information about the legal requirements and the procedure, as well as to clarify the questions of the adoptive applicants.
• If the adoptive applicants decide to want to start an adoption procedure, they communicate this decision to the Office for Social Services. This sends them forms to be filled out and a list of documents to be provided, which are to be submitted together with the formal application to start the adoption process.
• After review of the submitted documents, several personal clarification meetings and a home visit take place. Further, psychological testing is carried out. Based on the information collected thereby, the social report, the so-called Home study, including suitability certificate is created.
• Together with the social report, a provisional approval of the adoption of a child of still unknown identity is ordered. If the adoption application goes to an adoption country that is part of the Hague Convention, the Office of Social Services sends the parent file (= social report and documents of the adoptive applicants) to the Central Authority of the adoption country. If the country of departure is not part of the Hague Convention, the adoptive applicants are responsible for submitting the documents to the competent authorities in the country of departure themselves
• With the submission of the parental dossier, the waiting period begins until a child proposal is made from the country of departure.
• With receipt of the child proposal, the Office of Social Services checks whether the child's documents (child dossier) are complete and comprehensible. At the same time, the adoptive applicants apply for admission of the designated child.
• If the Office of Social Services comes to the conclusion that the fit between the adoptive applicants and the child is given, it issues a definitive approval for the adoption of the child from the side of Liechtenstein. With this, the procedure can be continued in the country of departure.
• Depending on the provisions of the country of departure, the child is then adopted in the country of departure by adoptive applicants or a guardianship is established for the purpose of subsequent adoption in Liechtenstein.
• The adoptive applicants are required by law to travel at least for the collection of the child in its home country. After the child has been approved, the departure to Liechtenstein must still be organized (visa, passport, etc.).
• After the child has entered Liechtenstein, the adoptive parents are obliged to notify the Office for Social Services within 10 days.
• Depending on the provisions of the country of origin, the Office of Social Services prepares so-called post-placement reports on the development of the child in the adoptive family.