In a decision dated 11 June 2025 (case no. 312 F 10/24), the Cologne Local Court refused to recognise an adoption pronounced abroad. The decision emphasises the high requirements that German law places on the recognition of foreign adoption decisions - especially in the case of so-called unaccompanied foreign adoptions.
The facts of the case
A married couple with habitual residence in Germany applied for recognition of an adoption that had been granted by a court of appeal in Guinea. The adoptive mother is the aunt of the child, who has been living in Guinea to date. At the time of the application, they had not lived together with the child. The Guinean court decision was made without the authorities or the court being aware of the applicant's living conditions in Germany.
What did the district court decide?
The Local Court of Cologne found that a unaccompanied intercountry adoption was to be assumed. There was no procedure under the Hague Adoption Convention and a recognised placement agency was not involved. The adoption was granted on the basis of the usual practice in Guinea of "child donation" within the family - without prior professional assessment of the suitability of the applicants, without an adoption placement and without a comprehensible bond between the child and the applicants.
The court emphasised that the decision of the Guinean court not orientated towards the best interests of the child and therefore could not be recognised in Germany. The adoption did not fulfil the requirements of a structured procedure geared towards the protection of the child. Such a violation of fundamental legal principles would lead to the refusal of recognition - in particular with regard to the concept of protection in adoption law applicable in Germany.
Significance for practice
The decision clearly shows that an adoption that is carried out without the involvement of a German placement centre and without a thorough examination of the family circumstances can be considered a criminal offence in Germany. are not recognised. Not even if the decision in the country of origin is formally final.
The prerequisite for recognition is always that the procedure fulfils the basic requirements of transparency, child welfare assessment and legal protection. Only then is a deviation from the strict German adoption regulations conceivable.
Dr Marko Oldenburger
Specialist lawyer for family law and medical law
Schneider Stein & Partner
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