The centre for social work takes decisions on several important matters during an adoption procedure. You can challenge these decisions at the ministry responsible for family and ultimately at the Administrative Court.
Where the centre for social work has refused to grant you the status of an adopter to allow you to adopt a child, you may submit a complaint to the ministry responsible for family. The procedure and time-limits of the appeal should be indicated in the centre for social work’s decision.
Application
In your application to the ministry, you should:
- explain why you think that the centre for social work’s refusal to grant you the status of an adopter was unlawful or lacks reasoning. You should describe all the circumstances that are important in deciding whether your request should have been granted
example If the refusal to grant you the status of an adopter is based on the fact that you have failed to fulfil the formal criteria, you should explain why you believe that you have complied.
- if you believe that you are being discriminated against, indicate that your parental access rights are being restricted only due to characteristics that you possess, such as your sexual orientation, age, religious beliefs, political affiliation, national or ethnic origin or other similar grounds
- add all relevant documents that substantiate your request, if there are any
You can learn more about the requirements for your application in the General Administrative Procedure Act.
Decision
The ministry will assess whether the centre for social work’s decision in refusing to grant you the status of an adopter, to allow you to adopt a child, is lawful and well-reasoned.
If the ministry finds the centre for social work’s decision to be unlawful, it may oblige the centre to make a new decision addressing the shortcomings which they have indicated or grant you the status by themselves.