The consent rules form the heart of the stepparent adoption procedure. Primarily, consent is required from the biological parent with whom the bond is being severed, plus the cohabiting parent and the child from 12 years of age. Without this consent, the court may only dispense with it in cases of gross negligence or unsuitability.
Procedure in Case of Refusal of Consent
If the non-cohabiting biological parent refuses, the court assesses whether the refusal is in the child's best interest. Criteria include, among others, the duration of contact with the biological parent and possible harm from adoption. In cases of long-term no contact (e.g., 5 years), consent may be dispensed with.
Role of the Child
Children from 12 years of age are heard by the court or a family judge. Their opinion carries significant weight. For younger children, a balancing of interests is conducted by the child protection council.
Consequences of Consent
After obtaining consent, an investigation by the council commences. Successful adoption leads to full legal dissolution of the old bond. In 2024, the Supreme Court approved 78% of requests after review. Always consult a family law attorney for tailored advice.