German citizenship through adoption

Lawyer explains: Naturalization through adoption as a child - requirements and procedure.

About this Page

Acquisition of German citizenship through adoption as a child
what the requirements are for naturalization through adoption
Procedure for obtaining citizenship through adoption
Legal hurdles and problems with international adoptions

Table of Contents

1. German citizenship through adoption

2. Naturalization through adoption only up to the age of 18.

3. Difference between domestic and international adoption

4. Procedure for naturalization through adoption

5. FAQ Naturalization through Adoption

6. Conclusion: Naturalization through Adoption

1. German citizenship through adoption

The acquisition of German citizenship through adoption has been legally regulated since January 1, 1977, and was introduced to implement the European Convention on the Adoption of Children . The key requirements are that the adoption is carried out by a German citizen and that the child is a minor (i.e., under 18 years old) at the time of the adoption. Upon the legally valid adoption by a German citizen, the adopted child automatically acquires German citizenship. If the adoption is carried out by a married couple, it is sufficient for only one of the adopting parents to be German. It is irrelevant whether the German parent also holds another citizenship.

International adoption procedures are subject to special requirements. If a child from abroad is adopted by adoptive parents living in Germany, or if an adoption abroad is to be recognized, the provisions of the Adoption Placement Act (AdVermiG), the Adoption Effects Act (AdWirkG), and, where applicable, the 1993 Hague Convention on Intercountry Adoption must be observed. In these cases, an authorized adoption agency must always be involved. This procedure serves to protect the child's welfare and ensures that a genuine parent-child relationship can develop between the child and the adoptive parents.

2. Naturalization through adoption only up to the age of 18.

Acquiring German citizenship through adoption is generally only possible for minors . Crucially, the adoption application must be validly submitted before the child turns 18. If the application is submitted in Germany, it must be notarized and then filed with the family court to be legally valid. Even if the adoption proceedings are completed after the child's 18th birthday , the application remains valid as long as it was submitted within the prescribed time limit and is pursued according to the regulations governing the adoption of minors ( § 1772 para. 1 of the German Civil Code ). This means that adoption can still lead to the acquisition of German citizenship even after the child reaches the age of majority.

If the adoption application is submitted after the child has turned 18, acquiring German citizenship is impossible – even if the adoption is formally carried out according to the rules for the adoption of a minor. In these cases, it is considered an adult adoption, which has no effect on citizenship . Therefore, if the adopted child is approaching adulthood, particular urgency is required. To ensure the acquisition of citizenship, the application should be submitted well before the child's 18th birthday. If, on the other hand, the adoption is applied for too late or not carried out according to the regulations for minors, at best, residency rights may arise, which are recognized only in exceptional cases – for example, if the child already lives with the family ( family reunification ).

Are you looking for a lawyer specializing in German immigration and visa law? We are happy to assist you with residence procedures before embassies, immigration authorities, and administrative courts. Contact us to book an online appointment with a German immigration lawyer!

Book appointment

3. Difference between domestic and international adoption

In the case of naturalization through adoption (§ 6 of the German Nationality Act), a fundamental distinction must be made between domestic and international adoptions . In the case of a domestic adoption, the procedure is governed exclusively by German law – regardless of whether the child or the adoptive parent has a foreign connection. A domestic adoption therefore always occurs when the German family court has jurisdiction, for example, because the adoptive parent is German . The adoption becomes effective as soon as the family court issues a decree confirming the adoption and this decree is served on the adoptive parent. With a domestic adoption, a legal parent-child relationship is established between the adopted child and the adoptive parent, which is fully equivalent to that between biological parents and children. As a result, the adopted child automatically acquires German citizenship, provided the adoptive parent is German at the time the adoption becomes effective.

In contrast, international adoptions are generally governed by the law of the country where the child is habitually resident at the time of the adoption . For an adoption abroad to be recognized in Germany, it must meet certain requirements. Furthermore, it is crucial that the international adoption has the same legal effects as a domestic adoption under German law – in particular, the legal parent-child relationship with the birth parents must be terminated. If only a "weak" adoption is granted, in which legal ties to the birth family remain, this does not automatically lead to the acquisition of German citizenship. In such cases, however, a conversion to a full adoption under Section 3 of the Adoption Effects Act (AdWirkG) is possible, which then has the same legal consequences as a domestic adoption.

4. Procedure for naturalization through adoption

The naturalization process through adoption begins with the court's determination or recognition of the adoption . A so-called "weak adoption" can also be converted into a full adoption, thereby granting the adopted child the full legal status of a biological child. This requires a corresponding application under the Adoption Effects Act ( AdWirkG ), which is filed with the competent family court. The court examines whether the adoption is legally valid and whether the parent-child relationship with the previous parents has been terminated. If the application is granted, the adoption is considered fully valid and has the same legal consequences as an adoption under German law.

Upon the adoption becoming effective, German citizenship is automatically acquired by law – a separate naturalization procedure is therefore not required. The acquisition takes effect upon service of the corresponding court order and is valid from that point forward, not retroactively. If the adoption is rejected, an appeal against the decision can be filed within one month. The Higher Regional Court decides on the appeal, and in certain cases, a further appeal to the Federal Court of Justice is also possible.

Book appointment

Lawyer explains German immigration law to his client.

5. FAQ Naturalization through Adoption

When does a child acquire German citizenship through adoption?

A child automatically acquires German citizenship if they are legally adopted by a German citizen and are a minor at the time of the adoption. The acquisition occurs by operation of law upon the adoption decree becoming effective – a separate naturalization procedure is not required.

Is adoption by a married couple necessary for the child to become a German citizen?

No. It is sufficient if only one of the adoptive parents holds German citizenship. Even if that parent also holds another citizenship, this has no bearing on the child's acquisition of German citizenship.

What applies if the adoption took place abroad?

An adoption that took place abroad is only recognized in Germany if it meets the requirements of the Adoption Effects Act (AdWirkG) and is equivalent in its effects to a German adoption.

Can an adult adopted child also acquire German citizenship through adoption?

No. Adoption is generally only possible for minors. The adoption application must be validly submitted before the child's 18th birthday. If the application is submitted after the child has turned 18, it is considered an adult adoption, which has no consequences under citizenship law.

What role does the family court play in the acquisition of citizenship through adoption?

The family court decides on the validity of the adoption. Only with the court's decision does the adoption become legally binding, and the child acquires German citizenship. Appeals against negative decisions can be filed within one month.

Where is the acquisition of German citizenship through adoption regulated?
Naturalization through adoption is regulated in § 6 of the German Nationality Act (StAG).

6. Conclusion: Naturalization through Adoption

Acquiring German citizenship through adoption is a legally regulated and clearly structured special case of citizenship acquisition. Minor children adopted by a German citizen automatically receive German citizenship – regardless of whether the adoption took place in Germany or abroad, provided the legal requirements are met. Crucial factors are the validity of the court's adoption decree and the existence of a so-called full adoption, which transfers the legal parent-child relationship entirely to the adoptive parents. For adult adoptees, naturalization remains an option, but automatic acquisition through adoption is not.