Biological parents
A child cannot be adopted if his/her biological parents do not agree to the adoption.
Conditions and exceptions
After labour, a child’s mother may suffer from certain negative effects, such as postpartum depression, which can affect her decision to give up her child for adoption. Therefore, the parents have to confirm their consent to adoption eight weeks after labour in front of the center for social work or court.
Slovenian law sets out other exceptional situations when the consent of parents is not needed.
example Consent to the adoption is not needed if the biological parents are deceased or if parents’ custody rights have been withdrawn by the court.
Child’s consent
The child’s consent to adoption is necessary if he/she is able to understand its’ meaning and consequences. This is necessary to protect the child’s best interests.
example If the adoptive parents are willing to adopt a child, but the child does not want to join their family, the child’s interests must prevail over those of the prospective parents.
Revocation of consent
The consent of the biological parents, the legal guardian and the child to the adoption may only be revoked up to the moment the child has been given into the care of the prospective adoptive parents.
This restriction is designed to protect the child’s interest in developing in his/her adoptive family without disruption and in enjoying stable emotional relations with the new family. Similarly, it protects the adoptive family’s right to build and enjoy a family life together with the child.