Adopting your partner's child: the stepchild adoption

In many blended families the wish grows to make the partner's child one's own legally too. Stepchild adoption makes that possible, but it is tied to requirements in which the child's welfare is always paramount.

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In a stepchild adoption, the spouse or life partner adopts the partner's child as their own. The child is then legally treated as if it were the common child (with consequences for custody, support, and inheritance law).

As a rule, the consent of the child (from a certain age through the legal representative or the child itself) and of the other biological parent is required. That parent's consent can be waived only exceptionally. Since a change in the law, stepchild adoption is also possible in established non-marital partnerships.

What you should do now

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1. Check the requirements
Clarify the existing partnership, the child's welfare, and the required consents.
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2. Involve the youth welfare office
The youth welfare office advises and is involved in the procedure (suitability check).
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3. Application to the family court
The adoption is applied for and pronounced at the family court.
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4. Use advice
Legal advice helps, especially if the other parent's consent is in dispute.

Frequently asked questions

How does stepchild adoption work?

The spouse or life partner adopts the partner's child as their own. After the adoption, the child is legally treated like a common child, with effects on custody, support, and inheritance law. The procedure runs through the family court, with the involvement of the youth welfare office, and the child's welfare is paramount.

Does the other biological parent have to consent?

As a rule, yes. In addition to the child's consent, the other biological parent's consent is generally required as well. It can be waived only exceptionally (e.g. in the case of persistent gross breach of duty). If the consent is in dispute, you should seek legal advice.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.