The Legal An Human Dimension of Adoption 

Adoption is one of the most significant institutions of family law, as it creates a full and permanent legal, social and emotional bond between the adoptive parent and the adopted minor child, while all legal ties between the adopted child and his or her biological family are severed.

Under the Greek Civil Code, adoption may take place only subject to specific and strict legal requirements, with the best interests of the child always being the primary consideration. Its most important legal consequence is the full assimilation of the adopted minor to a biological child of the adoptive parent with regard to all rights arising from the family relationship.

Beyond its significant legal effects, adoption is also a profoundly human act through which a new family is created, founded on security, care and stability. Every adoption is a conscious act of responsibility and commitment, offering a child the opportunity to grow up in an environment of love and acceptance, while reinforcing the enduring social role of the family.

Adoption of a Minor 

Requirements for the Adoption of a Minor

The provisions governing adoption are set out in Articles 1542 et seq. of the Greek Civil Code. The requirements applicable to prospective adoptive parents include the following:

Legal Capacity

The prospective adoptive parent must have legal capacity to enter into valid legal transactions (Article 1543 of the Greek Civil Code), i.e. must be an adult and legally capable of performing valid juridical acts. A person who has been placed under judicial assistance in a manner depriving him or her of the requisite legal capacity may not adopt.

Age requirement

The prospective adoptive parent must have reached the age of thirty (30) and must not have exceeded the age of sixty (60) (Article 1543 of the Greek Civil Code). Accordingly, adoption is permitted for persons between 30 and 60 years of age.

Age difference between the adoptive parent and the child

The prospective adoptive parent must be at least eighteen (18) years older than the child to be adopted and no more than fifty (50) years older (Article 1544 of the Greek Civil Code).

The purpose of this requirement is to ensure that the relationship created through adoption resembles, as closely as possible, the natural parent-child relationship, both in terms of age difference and the adoptive parent's ability to fulfil the parental role responsibly.

Exceptions apply. First, the age difference between the adoptive parent and the child may be reduced to fifteen (15) years where the adoption concerns the child of the adoptive parent's spouse (Article 1544, second and third sentences, Greek Civil Code), for example in the case of a subsequent marriage. Second, the maximum age-difference limit of fifty (50) years does not apply where both spouses adopt jointly, provided that one of them does not exceed that limit (Article 1545(2) of the Greek Civil Code). Third, where another serious reason exists, the court may permit the adoption with a smaller age difference, provided that the difference remains at least fifteen (15) years (Article 1544(3) of the Greek Civil Code).

Consent of the biological parents or legal representative

The biological parents of the minor child must give their consent in person before the court, even if they do not exercise parental responsibility (Article 1550(1) of the Greek Civil Code).

Consent may be given by only one biological parent if the other parent has been deprived of parental responsibility pursuant to Article 1537 of the Greek Civil Code.

The consent of the other biological parent is not required where the child was born outside marriage and has not been legally recognised by that parent, as parental responsibility is exercised exclusively by the mother.

Consent of the child to be adopted

A minor who has reached the age of twelve (12) must also personally consent to the adoption before the court (Article 1555 of the Greek Civil Code). The consent is expressly declared in person before a member of the judicial formation of the Multi-Member Court of First Instance, in a private office and without publicity.

Adoption by married spouses

Only spouses may jointly adopt the same child. Joint adoption by an unmarried couple is not permitted. In such a case, it is sufficient for one of the two spouses to satisfy the age requirements under Articles 1543 and 1544 of the Greek Civil Code and the applicable age-difference requirements referred to above.

The consent of the spouse of the adoptive parent is required and, depending on the circumstances, the views of any other child of the adoptive parent may also be heard (Articles 1546 and 1556 of the Greek Civil Code).

If the spouse of the adoptive parent is unable to appear, for example because his or her habitual residence is abroad, consent may be given before a notary public, the competent Greek consular authority or the competent authority of the place of habitual residence (Article 5 of Law 2447/1996 and Articles 1546 and 1583 of the Greek Civil Code).

If such consent is impossible for legal or factual reasons, if the spouses are separated, or if divorce proceedings are pending between them, the court may permit the adoption without the spouse's consent (Article 1546 of the Greek Civil Code).

The best interests of the child at the center of the process

Adoption is both a legal procedure and an act with a profound human dimension. For this reason, every decision taken throughout the process must be guided by the best interests of the child, which constitute the fundamental principle governing the institution of adoption as a whole (Article 1542, second sentence, Greek Civil Code).

Exclusivity of adoption

Under the Greek Civil Code, for as long as an adoption remains in force, the same child may not be adopted by another adoptive parent. This rule safeguards the stability of the family relationship already created and the child's security (Article 1545(1), second sentence, Greek Civil Code).

By contrast, there is no restriction on the number of children that the same adoptive parent may adopt, provided that the statutory requirements of the Greek Civil Code are satisfied in each case (Article 1547 of the Greek Civil Code).

Minimum age of the child

For an adoption to take place, the child must have reached at least three (3) months of age. This requirement is intended to allow the necessary time for the protection of both the child and the biological mother before such an important and definitive decision is made (Article 1551 of the Greek Civil Code).

No conditions or time limits

An adoption may not be made subject to conditions, qualifications or time limits. Once completed, it creates a definitive and stable family relationship producing full legal effects under the Greek Civil Code. This rule ensures certainty and stability in the new family relationship, primarily for the benefit of the child (Article 1548 of the Greek Civil Code).

What happens if the biological parents do not consent to their child's adoption?

There are circumstances in which the biological parents are unable or unwilling to consent to the adoption, even though adoption is considered necessary for the child. Such circumstances may include:

• • both parents are unknown or the child has been abandoned;
• • both parents have been deprived of parental responsibility;
• • the residence of both parents is unknown;
• • the parents are subject to judicial assistance that deprives them of the legal capacity to consent to their child's adoption;
• • the child has, with the parents' consent, been placed with a family for care and upbringing with a view to adoption and has been integrated into that family for a substantial period of at least one (1) year, but the parents subsequently abusively refuse to consent;
• • the child is under the protection of a recognised social welfare organisation, the parents have been deprived of the exercise of custody pursuant to Articles 1532 and 1533 of the Greek Civil Code, and they abusively refuse to consent.

Substitution of parental consent by the court

Where one of the above circumstances applies, Article 1552 of the Greek Civil Code expressly provides that the required parental consent may be substituted by a court decision. In other words, the court may allow the adoption to proceed without the parents' consent.

The court may likewise substitute the consent of a guardian to the adoption of a minor where the minor is protected by a recognised social welfare organisation and the guardian abusively refuses to consent.

In the above cases, the court decides after hearing the child's closest relatives, where such relatives exist and where hearing them is possible.

The procedure

The procedure begins with the filing of an adoption application by the prospective adoptive parent before the competent Single-Member Court of First Instance of the place of his or her habitual residence, in accordance with Article 1549 of the Greek Civil Code. The necessary consents are given as described above, the court hearing takes place, and the court subsequently issues its decision.

After a decision granting the prospective adoptive parents' application has been issued, it must be formally served on the competent Public Prosecutor. Such service constitutes an essential procedural requirement for the decision to become final.

Once the decision has become final and the judicial adoption proceedings have been completed, the adoptive parents must register the court decision with the competent Civil Registry. Upon registration, the details of the adopted child's biological parents are removed and replaced by those of the adoptive parents.

Adoption of an Adult

Adult adoption is a distinct form of adoption and differs from the adoption of a minor. Its purpose is not the upbringing of the adopted person, but rather the legal recognition and protection of an established family bond that has developed between the parties over time.

It allows a relationship characterised by mutual trust, commitment and family cohesion to acquire formal legal status, thereby giving legal recognition to an existing family reality.

Adult adoption is governed by Articles 1579 et seq. of the Greek Civil Code. Where no specific provisions apply, the rules governing the adoption of minors apply mutatis mutandis.

Requirements for the Adoption of an Adult

1. The person to be adopted must be related to the prospective adoptive parent by blood or affinity up to and including the fourth degree, or the prospective adoptive parent must previously have been the foster parent of the person to be adopted.

2. The adoptive parent must have reached at least forty (40) years of age and must be at least eighteen (18) years older than the person to be adopted. Unlike adoption of a minor, adult adoption is not subject to a maximum age limit for the adoptive parent or a maximum age difference between the adoptive parent and the adopted person.

3. If the adult to be adopted is married, the consent of his or her spouse is required, unless such consent is impossible for factual or legal reasons or divorce proceedings are pending between the spouses. Consent is given by a personal declaration before the court.

4. The consent of the spouse of the adoptive parent is also required, where applicable.

5. The consent of the biological parents of the adult to be adopted is not required, nor is a social investigation by a social service required.

The purpose of the adoption must be exclusively to serve the interests of the adult adopted person. This is assessed and demonstrated through the existence of a stable and harmonious family environment confirming the parties' intention to give legal recognition to their family bond.

The procedure

As with the adoption of a minor, adult adoption begins with the filing of a joint application by the adoptive parent and the person to be adopted before the competent Single-Member Court of First Instance. If the person to be adopted lacks legal capacity, the application is filed by his or her legal representative.

The court first examines whether the statutory requirements are satisfied and then assesses whether the adoption genuinely serves the interests of the person to be adopted and is not intended merely as a means of obtaining financial benefit.

Legal effects of adult adoption

A. Inheritance rights and surname

• • The adopted child and his or her descendants born after the adoption have the status of a biological common child and biological common descendants of both spouses and fully succeed to inheritance rights within the adoptive family.
• • The adopted child takes the surname of the adoptive parent and is entitled to add his or her pre-adoption surname.
• • The legal bond between the adopted child and his or her biological parent and biological relatives is maintained; accordingly, reciprocal inheritance rights remain in place.

B. Family relationships

• • No kinship is created between the adopted child and the relatives of the adoptive parent, or vice versa. Adult adoption therefore does not have the same legal scope as the adoption of a minor.

Dissolution of adult adoption

Adult adoption may be dissolved by a court decision following an action brought by the adoptive parent or the adopted child where there is misconduct that would justify disinheritance or constitutes ingratitude on the part of the adopted child towards the adoptive parent.

Adoption is not merely a legal procedure. It marks the beginning of a new family relationship and requires particular sensitivity, responsibility and appropriate legal guidance at every stage.

Adoption does not merely change a child's legal status; it can change the course of a life and create a family.

Intercountry Adoption

When building a family crosses borders

What is intercountry adoption?

For the purposes of the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption, ratified by Greece by Law 3765/2009 (Government Gazette A 101/1.7.2009), intercountry adoption concerns a situation in which a child habitually resident in one Contracting State (the “State of origin”) has been, is being, or is to be moved to another Contracting State (the “receiving State”), either after his or her adoption in the State of origin by spouses or a person habitually resident in the receiving State, or for the purposes of such an adoption in the receiving State or in the State of origin.

Intercountry adoption should be distinguished from the broader concept of international adoption, which encompasses adoptions involving a foreign element and therefore connected with more than one legal system, potentially giving rise to issues of private international law, such as the determination of the applicable law and the recognition of foreign judgments.

Accordingly, for an adoption to fall within the scope of the Hague Convention, the nationality of the child or of the prospective adoptive parents is not determinative. The relevant connecting factors are habitual residence in different Contracting States and the movement of the child from the State of origin to the receiving State in connection with the adoption.

The Convention covers only adoptions which create a permanent parent-child relationship. It ceases to apply if the agreements required under Article 17(c) have not been given before the child reaches the age of eighteen.

Requirements for intercountry adoption

An intercountry adoption falling within the scope of the Convention may take place only where the safeguards and requirements established by the Convention have been satisfied. In particular:

• • The best interests of the child must be the fundamental consideration underlying the intercountry adoption process.
• • The competent authorities of the State of origin must have established that the child is adoptable.
• • Possibilities for placement of the child within the State of origin must first have been given due consideration, and it must have been determined that an intercountry adoption is in the child’s best interests.
• • The persons, institutions and authorities whose consent is necessary for the adoption must have been appropriately counselled and duly informed of the effects of their consent. Their consent must have been given freely, in the required legal form and expressed or evidenced in writing; it must not have been induced by payment or compensation of any kind and must not have been withdrawn. Where the mother’s consent is required, it may be given only after the birth of the child.
• • The child’s wishes and opinions must be taken into consideration, having regard to his or her age and degree of maturity. Where the child’s consent is required, the child must have been appropriately counselled and duly informed of the effects of the adoption; such consent must be freely given in the required legal form and must not have been induced by payment or compensation of any kind.
• • The prospective adoptive parents must have been determined to be eligible and suited to adopt by the competent authorities of the receiving State and must have received appropriate counselling where necessary.
• • It must have been determined that the child is or will be authorised to enter and reside permanently in the receiving State.
• • The required co-operation between the Central Authorities of the States concerned must be observed, so that the adoption is carried out in accordance with the safeguards and procedures established by the 1993 Hague Convention.

What are the requirements for prospective adoptive parents?

Prospective adoptive parents must satisfy the requirements laid down by Greek law and must be assessed as suitable to adopt. In particular:

• • Age: A prospective adoptive parent must have reached the age of 30 and must not be over 60 years of age.
• • Age difference between the adoptive parent and the child: As a general rule, the age difference between the adoptive parent and the child must be at least 18 years and must not exceed 50 years.
• • Legal capacity: The prospective adoptive parent must have full legal capacity and must not be subject to judicial assistance or another legal restriction affecting such capacity.
• • Health: The physical and mental health of prospective adoptive parents is assessed, together with their ability to meet the needs involved in raising and caring for a child.
• • Criminal record: There must be no criminal convictions or other circumstances which, under the applicable law, constitute an impediment to adoption.
• • Financial and social circumstances: Prospective adoptive parents must demonstrate their ability to meet the child’s needs in relation to maintenance, education and medical care and, more generally, to provide a stable and appropriate family and social environment.
• • Positive social assessment: A social investigation is carried out, assessing, among other matters, the prospective adoptive parents’ personality and living conditions, their motivation and expectations regarding adoption, their family environment and their ability to respond to the particular needs of an adopted child.
• • Training and preparation: Prospective adoptive parents participate in the prescribed training and preparation process for adoption.

How is an intercountry adoption carried out?

Under Articles 14–21 of the 1993 Hague Convention, the intercountry adoption procedure is based on co-operation between the Central Authority of the receiving State, where the prospective adoptive parents are habitually resident, and the Central Authority of the State of origin, where the child is habitually resident.

1. Submission of the application

Persons habitually resident in a Contracting State who wish to adopt a child habitually resident in another Contracting State must apply to the Central Authority in the State of their habitual residence.

2. Assesment of the prospective adoptive parents

If the Central Authority of the receiving State is satisfied that the applicants are eligible and suited to adopt, it prepares a report containing information about their identity, eligibility and suitability to adopt, background, family and medical history, social environment, reasons for adoption, ability to undertake an intercountry adoption, as well as the characteristics of the children for whom they would be qualified to care.

The report is then transmitted to the Central Authority of the State of origin.

3. Assesment of the child's circumstances

If the Central Authority of the State of origin is satisfied that the child is adoptable, it prepares a report containing information about the child’s identity, adoptability, background, social environment, family and medical history, including that of the child’s family, and any special needs.

Due consideration must also be given to the child’s upbringing and to his or her ethnic, religious and cultural background, and it must be ensured that the necessary consents have been obtained in accordance with the Convention.

On the basis, in particular, of the reports concerning the child and the prospective adoptive parents, the Central Authority of the State of origin determines whether the envisaged placement is in the best interests of the child.

4. Proposed placement and agreement between the two states

A decision in the State of origin to entrust the child to the prospective adoptive parents may be made only after the safeguards laid down by the Convention have been satisfied.

In particular:

• • the prospective adoptive parents must have agreed to the proposed placement;
• • the Central Authority of the receiving State must have approved the decision, where such approval is required;
• • the Central Authorities of both States must have agreed that the adoption may proceed; and
• • it must have been determined that the prospective adoptive parents are eligible and suited to adopt and that the child is or will be authorised to enter and reside permanently in the receiving State.

5. Authorisation to leave the State of origin, enter the receiving State and transfer of the child

The Central Authorities of both States take all necessary steps to obtain permission for the child to leave the State of origin and to enter and reside permanently in the receiving State.

The transfer of the child to the receiving State may take place only after the requirements of Article 17 have been satisfied. The Central Authorities must ensure that the transfer takes place in secure and appropriate circumstances and, where possible, in the company of the adoptive or prospective adoptive parents.

6. Completion and monitoring of the procedure

The Central Authorities keep each other informed about the adoption process and the measures taken to complete it, as well as about the progress of the placement where a probationary period is required.

7. Protection of the child where the placement fails

Where the adoption is to take place after the child has been transferred to the receiving State and the continued placement of the child with the prospective adoptive parents is found not to be in the child’s best interests, the Central Authority of the receiving State must take the measures necessary to protect the child.

These measures may include withdrawing the child from the prospective adoptive parents and arranging temporary care; arranging, in consultation with the Central Authority of the State of origin, a new placement with a view to adoption or, where this is not appropriate, alternative long-term care; or, as a last resort, arranging the child’s return to the State of origin if his or her interests so require.

Having regard to the child’s age and degree of maturity, the child must also be consulted and, where appropriate, his or her consent obtained in relation to the measures to be taken.

Throughout the procedure, the best interests of the child and respect for his or her fundamental rights remain the guiding principles.

The role of the lawer in intercountry adoption 

Intercountry adoption is a complex legal process involving different legal systems and requiring co-operation between competent authorities in more than one State. Specialised legal assistance from an early stage can make a significant contribution to the secure and orderly conduct of the process.

A lawyer can advise prospective adoptive parents on the applicable legal framework and relevant requirements, review the legal completeness and validity of the necessary documentation, and assist in coordinating the legal steps required at each stage of the process. Legal assistance may also extend to the completion of the adoption and to any subsequent procedures required in Greece, including the recognition of the legal effects of a foreign adoption and its registration with the competent Greek civil registry authorities.

The purpose of legal assistance is to ensure that the procedure is conducted with legal certainly, contistency and full resporect for the safeguards established by the 1993 Hague Convention, while safeguarding the best interests of the child throughout the intercountry adoption process.