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Ministry: The Ministry for Social Affairs and the Interior Amendments

File number: The Ministry for Social Affairs and the Interior, file no. 2015-8224 None

The Adoption (Consolidation) Act

An Act to consolidate the Adoption Act, cf. Consolidation Act No. 1084 of 7 October 2014 as amendedby Section 1 of Act No. 1525 of 27 December 2014, Section 1 of Act No. 530 of 29 April 2015, Act No.1740 of 22 December 2015 and Section 1 of Act No. 1741 of 22 December 2015.

Part 1

Conditions

1(1). An adoption is granted by an adoption order issued by the State Administration.(2). Where a child is adopted from a foreign country, the adoption order takes effect when the child

arrives in Denmark. Where a trial period is stipulated for the adoption, the adoption order will not takeeffect until such trial period has ended. In case of special circumstances, the State Administration maydispense with the provision in the second sentence above.

2. An adoption may only be granted where, based on the examinations carried out, it is presumed to bein the best interests of the person whose adoption is sought, and this person is either to be raised by theadopter or has been raised by the adopter or where there are other special reasons for the adoption.

3. An adoption order cannot be granted for adoption of ones own child.

4. An adoption order can only be granted to a person who has attained the age of 25. Where warrantedby special reasons, an adoption order may be granted to a person who has attained the age of 18.

4 a(1). If the person whose adoption is sought has not yet attained the age of 18, the adoption may onlybe granted if the applicant has been approved as an adopter, cf. Sections 25 a and 25 b below.

(2). Approval is not required for the adoption of a spouses or partners child or according to rules laiddown by the Minister for Social Affairs and the Interior in cases where the adopter is closely related to orhas otherwise a close connection to the adopted child or its parents.

5(1). Persons who are married or cohabiting partners can only adopt together with their spouse orpartner, except in the cases stated in Section 5 a(2) below, unless such persons spouse or partner ismissing or, by reason of insanity, mental deficiency or any similar condition, is incapable of managing hisor her own affairs.

(2). Only spouses or partners can adopt together.

5 a(1). A spouse may adopt the child of his or her spouse (stepchild adoption). Similarly, a partner mayadopt the child of his or her partner.

(2). Furthermore, stepchild adoption may be effected of the child of a former spouse or partner. If suchmarriage was dissolved through divorce or annulment, or if the partners have ceased to be cohabiting,stepchild adoption shall only be possible if the person whose adoption is sought is of full age and capacity.

6(1). Where the person whose adoption is sought has attained the age of 12, the adoption order shouldnot be granted without the consent of such person, unless obtaining such consent is found to bedetrimental to the child.

Consolidation Act No. 1821 of 23/12/2015 (In force) Printed: 23 February 2016

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(2). The consent must be given by personal appearance before the State Administration or anotherauthority or institution approved under Section 8(1) below. Before the child gives his or her consent, thechild must attend an interview regarding the adoption, and the child must be advised of the meaning of theadoption.

(3). Where the child has not attained the age of 12, information must be provided about his or her viewon the contemplated adoption to the extent the childs maturity and the circumstances of the case sowarrant. In making a determination, the childs view on the contemplated adoption must be taken intoconsideration to the greatest extent possible.

7(1). Adoption of a person who has not attained the age of 18 and is not of full age and capacity requiresthe consent of the parents.

(2). Where one of the parents does not have custody, is missing or, by reason of insanity, mentaldeficiency or any similar condition, is incapable of managing his or her own affairs, only the consent ofthe other parent is required.

(3). If subsection (2) above applies to both parents, the consent of the legal guardian shall be required.

8(1). Consent under Section 7 above must be provided in writing by personal appearance before theState Administration or another authority or institution authorised for this purpose by the Minister forSocial Affairs and the Interior. The requirement for the consent being provided by personal appearanceshall not apply where a parent consents to his or her spouses or partners stepchild adoption.

(2). Consent cannot be accepted before three (3) months after the birth of the child, unless specialcircumstances prevail.

(3). Prior to accepting consent, the parents (the legal guardian) must receive guidance on the legaleffects of the adoption and the consent.

(4). Consent may be provided for the child to be adopted by the person designated by an authority oragency authorised to assist in the adoption of children.

(5). The Minister for Social Affairs and the Interior, or the person so authorised by the Minister, maydetermine that consent provided before a foreign authority or agency shall have the same legal validity asconsent provided before a Danish authority or agency, and may in such case dispense with the rules insubsections (1)-(3) above.

8 a. (Repealed)

9(1). In the event that consent provided in accordance with Section 8 above is revoked, an adoptionorder may be granted if the consent is revoked unreasonably considering the best interests of the child.

(2). Where the parents refuse to consent under Section 7(1) above, an adoption order may in specialcases be granted, with express reference to the best interests of the child.

(3). Adoption may be granted under subsection (2) above if the conditions for taking the child into carein Section 8(1)(i) or (ii) of the Danish Social Services Act are met and it is rendered probable that theparents will permanently be unable to care for the child, and that the adoption is in the best interests of thechild considering the continuity and stability of the childs upbringing.

(4). Where the child is placed with a foster family, cf. Section 66(1)(i)-(iii) of the Danish SocialServices Act, and the conditions for taking the child into care in Section 58(1) of the Danish SocialServices Act are met, adoption may be granted to the foster parents under subsection (2) above, if thechilds connection with the foster family is of such a nature that it will be detrimental to the child to breakthis connection, particularly considering the continuity and stability of the childs upbringing and thechilds relation to his or her parents.

10(1). Where the State Administration receives notice from the municipal council that the NationalSocial Appeals Board has granted consent under Section 68 e of the Danish Social Services Act for a childto be adopted without the consent of his or her parents, the State Administration will make decision on theadoption of the child pursuant to Section 9(2)-(4) above if the conditions are met.

(2). Before the State Administration makes a decision under subsection (1) above, the StateAdministration must enquire with the childs parents if they consent to the adoption, cf. Section 7 above.

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11(1). Where the State Administration makes a decision under Section 9 above, even if the parents havenot consented to the adoption under Section 7(1) above, the State Administration will notify the child, theparents, the holder of custody, if this person is not a parent, the legal guardian and the person applying forthe adoption.

(2). A decision as mentioned in subsection (1) above must be in writing and be given by the StateAdministration to the persons in question personally or be served on them. The decision must includeinformation about the possibility of having the decision tried by the court and about the time limit in thisregard, see subsection (3) below.

(3). Within fourteen (14) days after receipt or service of a decision as mentioned in subsection (1) above,a party may request that the case be tried by the court. The State Administration may in specialcircumstances fix a longer period or extend the time limit before its expiry.

(4). If the State Administration receives a request that the decision be tried by the court, the StateAdministration will bring the case before the court according to the rules of Part 43 b of the DanishAdministration of Justice Act, unless an adoption order has been issued after the time limit stipulated insubsection (3) above.

(5). If the court upholds the State Administrations decision that an order must be granted under Section9 above or if the court decides that an order may be granted, the State Administration cannot grant suchorder before the time limit for appeal has expired and an appeal has not been launched before the expiry ofthe time limit. The same applies in case of an appeal of the courts refusal to try the case, cf. Section 475b(4) of the Danish Administration of Justice Act.

12. (Repealed)

13. From parents whose consent is not required according to Section 7(1)-(2) above, a statement mustbe obtained unless this is found to be seriously detrimental to the child or to cause a disproportionate delayin the proceedings.

14. A person who has been placed under guardianship pursuant to Section 5 of the Danish GuardianshipAct, or has been declared legally incompetent, cf. Section 6 of the Danish Guardianship Act, may not beadopted unless a statement has been obtained from his or her legal guardian.

15. An adoption cannot be granted if any of t