AUSTRIA ADOPTION GUIDE
• The International Private Law Act..
• European Convention on the adoption of minors, the Council of Europe. signed by
Austria in July to 5° 1979 and ratified on May 5° of 1980. This was the first
mandatory international document on international adoption for this country.
This Convention was signed in the framework of the Council of Europe.
The Convention provides that the national law on protection of minors applies both
child adoptions among the Member States, or adoption abroad
where one of the party's citizenship was not a signatory. The first essential
Business premises on the practice of adoption, which obliges States parties to incorporate these within
its legislation. Secondly, the other principles that the parties are not obliged to integrate
directly into their national laws, with the option for the
implementation or not.
• United Nations Convention on the rights of the child, UN OHCHR-Committee on the rights of the
. Everything about the right of children is provided in this text. However
into national law, Austria has the opportunity to take adults, clearly
in particular conditions.
Austria was given the August 6, 1992 obliged by this international law and
should respect the principles and keep under its system of national adoption
inter-country adoptions. In this way the article 20 to prepare the field to get inside
international adoption, explaining all the different possibilities that the Member
been have, in the case of orphans or other children without family,
provides for the adoption of these cases children.
It is within article 21 that Austria was held to principles of international adoption
and proceedings. This Convention is of course one of the sources of international law
The Hague Convention on international law, signed in 1993 and who is
affected by "the Hague programme" of the European Union.
If Austria youth welfare and the judge must grant the adoption
must act in his/her interests. The person who writes the legal adoption document
acting on behalf of both the adoption and adopted-sides. the alleged
adoptive parents may be recommended by a lawyer, this is not required.
• The Hague Convention of May 29, 1993, the Hague Conference on rule of law.The deprived
The Convention makes adoptions to prevent the abduction, sale and trafficking of
children in cases of international adoptions; provides for cooperation
between States and ensuring the authorisation of the competent authorities.
In this sense the main pillar on which the Convention establishes exposes fourth principles
to know: the best interest of the child; the protection of the child against
abduction, sale or trafficking; the establishment of a framework for cooperation
between the authorities and the creation of a framework for authorisation
competent authorities to approve intercountry adoptions. The law of adoption institution must be understood as a social and legal act for the protection of
children under the responsibility of the authorities of countries involved.
A-Security Concept of emancipation into Austrian law
It reaffirms the fact that children, because of their vulnerability, need special care and
protection, and places particular emphasis on primary care and protection
responsibility of the family. It also reiterates the need for legal and other forms of protection
the child before and after birth, the importance of respect for cultural values
the child's community, and the key role of international cooperation in ensuring children
As for the protection provided for by Austrian law, the legal system is
on the basis of the following principles that are present in all international documents
and are required for Austria:
-Best interests of the child: all actions concerning the child must take full account
of his best interests. The State shall provide the child with adequate care
When parents, or others charged with that responsibility, fail to do so;
-Non-discrimination: all rights apply to all children without exception. Is the
Austria's obligation Was to protect children from all forms of discrimination and
to take positive action to promote their rights.
Parental guidance and the child's evolving capacities: the State must respect the rights
and responsibilities of parents and the extended family to provide guidance for the child
that is appropriate for you or the evolutionary capabilities.
The adoption must be granted by a judicial or administrative authority. The existence of the
the competent central authority, the welfare of young people, which is a federal authority
The Republic of Austria has the responsibility to carry out this task; taking the adoption
as a way to take care of the children. This authority cares to exclude
sale of children.
On the way to the protection of children's culture, being a signatory country of Austria
the United Nations Convention of the Prince of subsidiarity applies in his country
legislation at the time of granting the adoption. On this way the priority is always the
protection of minor culture; that the local authorities must seek a Foster
family in Austria, to preserve the environment in which the child was born. If at the end
It is not possible to Austria, belonging to the Hague Convention of 1993 has a chance
to the adoption of a foreign family. Here, the best interest of the child is the priority
and of course keeping him/her in his/her/its culture is preferable.
The last case, the authorities may require, in order to protect children a bit
required courses or lessons to pass by their adoptive parents to get the knowledge
the culture of the country of the child, to give him/her a better care. The same youth
Welfare also prepare detailed reports about the foster and adoptive child
parents to provide a deeper information on their personal profiles.
Under the protection of children any contact between the child and their
adoptive parents may take place before the final and definitive agreement.
In some cases, post placement reports are required by the country of origin of adopted
(such as India, Russia, Macedonia and Thailand). These reports inform the House
country about familiarization and child development.
In Austria you can adopt an important and the purpose is always the well-being of
child abuse prevention and almost-adoption.
In order to legally protect children in Austria the adoption agreement must be
approved by legally effective Court.
In cases where the adoption for a child whose country of origin is not part of
The Hague Convention, the procedure, always having the intention of protecting the best
interest of the child is followed, within the country and within his/its interior
procedure. Once the Act of adoption is granted the child may come to Austria.
In the case of national adoption after the adoption has been approved by the Court, no message
adoption of follow-up were made by Youth Welfare or by other authorities.
Finally Austria is part of the Hague Convention and on this point the procedure
described within this text is required for Austria, then in cases where
Austrian child cannot find a family that adopts within his/her country,
Well-being of young people should seek a foreign family. The latter shall, at the beginning,
selected in another signatory country. In this case both local authorities have the
obligation to exchange information on the child and the possibility of adopting
Austria shall be required to provide special protection to children deprived of a family
the environment and to ensure that adequate alternative family care or institutional
positioning is available in such cases.
B-the rights of the child to be adopted and the right of parents to adopt
1-the right of children to be taken
The authorities are required to evaluate the children will have a good home. Within this
the concept that we have to interpret the children have the right to be cared for, to be loved,
have a good education, get a good healthy level of protection, being well fed.
At first the new civil rights and obligations of the adopted child to their new
parents are the same as those natural children born in lawful wedlock; the child must
be able to acquire the parent's surname the adoptive parents; and the acquisition of parent
nationality of the child must be facilitated.
The child has the right to retain her name at birth, but that is about to take the new
family name. The child also has the right to acquire the new nationality of parents and, as
with regard to Austria is obliged to protect the name, nationality and family ties.
2-right of parents to the adoption
The biological parents retain the right to give their adopted accent.
Post placement reports, in order to help parents in the case of the problem of
lesser, integration is given by the Austrian authorities.
The decision authorising the adoption must be freely accepted by parents.
Contact us, For first free advice, Speak to one of our highly qualified Caseworkers/solicitors/officers/ACCA on +44 (0)141 628 8277
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