Lawful procedure
To be lawful, the adoption procedure must be in accordance with the law. This means that the adoption procedure must follow all the stages and fulfil all the requirements provided by law, including, for example, the consent of all parties. The center for social work is to carry out an investigation and evaluation only on the basis of those criteria which are provided in law. The primary consideration should always be the best interests of the child.
Unlawful or unjustified actions and decisions within the adoption procedure may lead to a violation of your right to a private and family life.
example If, as a biological parent, your consent to the adoption of your child was required, but you didn’t provide it, your right to a family life may be violated.
Principle of child’s best interests
The center for social work must take the best interests of the child into account at all stages of the adoption. This means that the best interests of the child should always be the primary concern in all decisions taken in the adoption procedure. This also means that the interests of the child, and not those of the prospective adoptive parents, should always prevail.
Prohibition of discrimination
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.
example If you wish to adopt your partner’s child (second-parent adoption), but are not allowed to do so because you are in a same-sex relationship, your right to be treated equally may be violated, if second-parent adoption is allowed for unmarried opposite-sex couples.
important! Please note that restrictions in the adoption procedure or even a refusal to allow the adoption of a child do not automatically violate your human rights. If the center for social work has provided reasonable justification for different treatment and sufficient reasons as to why adoption may not be in the child’s best interests, the prohibition against discrimination and different treatment may not be violated.
Complaints
Where the center for social work has refused to grant you the status of an adopter, to allow for the taking of a child into care or to adopt the child, you may submit a complaint to the ministry responsible for family.
You should also complain to the Administrative Court, if your child has been given up for adoption without your consent.
Read more about how to complain.