The adoption procedure consists of several stages and will take at least a year to complete. The final decision on adoption is taken by a court.
Requirements
If you want to adopt a child, you must comply with certain requirements set out in the Slovenian Family Code. These requirements set certain restrictions for the potential adoptive parent which are designed to protect the interests of the child. These restrictions are related to the minimum age of the adoptive parent, the age gap between the parent and a child as well as restrictions related to the previous conduct of the prospective adopter.
example A person who has been convicted for a violent crime or whose parental custody rights have been previously revoked by the court, cannot become an adopter.
Application
The adoption procedure begins with an application to the center for social work. This application can be submitted by either a single person or a married couple, where a single person will only be chosen as an adopter in exceptional cases – when this is in the child’s best interests.
Preliminary investigation
The center for social work investigates the applicant’s personal and family conditions and their motivation. The investigation process may last up to a year.
If the center for social work is satisfied with the information obtained during the investigation, it can decide to grant the status of an adopter to the applicant. Center for social work and the adopter conclude an agreement for preparation on adoption.
Consent
A crucial condition in finding and choosing a particular child for adoption, is consent from the child’s biological parents. If the child is able to understand its meaning and consequences, he/she must also give consent to the adoption. Read more about consent to adoption.
Taking into care
The court may decide the prospective adoptive parents should take the child they wish to adopt into their care for a certain time. During this time, it will be determined whether the child and the future adoptive parents will be able to make the new situation work and whether the adoption will be in the best interests of the child.
Evaluation and decision by the court
The court will evaluate and give its opinion on whether the adoption is in the best interests of the child. Based on that assessment, it will decide whether to allow or refuse the adoption. Read more about evaluation and the lawfulness of the court’s decisions and actions in the adoption procedure.
What human rights violations may there be?
If decisions in the adoption procedure are taken unlawfully, they may violate your right to a private and family life.
If your rights in the adoption procedure are not respected, it may also result in a violation of your right to a fair trial.
If the adoption is denied, based only on the prospective parents’ race, origin, religious beliefs, political affiliation, sexual orientation or other similar grounds, it may violate the prohibition on discrimination and unequal treatment.
Read more about how to complain if your rights have been violated.