Adoption

In circumstances where a child loses a biological parent, the new parents may accept him into their family as a full-fledged member of the family. In case of adoption, the court transfers all the rights and obligations of the biological parents to the adoptive family and the child’s relationship with the biological parents is terminated. The whole process is confidential, thus, the biological parents no longer have any rights over their adopted child and any information concerning the child can only be made public with the consent of the adoptive parents or after a court decision. It is also important to remember that adoption cannot be cancelled or terminated; this is the main difference between adoption and guardianship.

What are the duties of adoptive parents?

Your commitment to your adopted child is the same as that of all parents: you are fully responsible for the physical, spiritual and material well-being of your adopted child.

Guardianship specialists recommend talking openly with the adopted child. One of your responsibilities is to create a relationship with the child based on mutual trust. Therefore, it is important to openly talk with the child about his past, where he came from and why you came – a family that loves him, will take care of him and will always be there for him. This will allow the child to grow into a confident personality. And if the child learns this from you, not from other people, it is less likely that he will remain hurt and distrust you.

Who may become adoptive parents?

You will become the new parents of a child, thus, you need to be properly prepared for this important and irreversible step. You will be responsible for the child until the child reaches adulthood, therefore, before taking over all rights to him, all responsible parties must be guaranteed that you will not only be able to do this, but also be able to take care of the child. This is ensured by assessing:

Age. It should be borne in mind that the best interests of the child are paramount and that the aim is to ensure that those who wish to adopt can properly care for the child until he reaches adulthood. The age difference between the adoptive parent and the adopted child must be at least 18 years. In case of adoption of a child by a spouse, the age difference may be reduced to 15 years.

Marital status. You may adopt only if you are married. However, if you are single or only one of the spouses intends to adopt, the court may make an exception if it does not violate the child’s interests.

The well-being of your other children. It is very important to ensure the interests of all children growing up in your family. A new family member can cause stressful situations for other children raised by you.

Health. It is also very important that you are healthy enough to take care of a minor.

Other issues. It is necessary to assess whether you have or had problems with law enforcement.

You will be able to adopt a child even if you do not own your own housing (e.g. you rent), but living conditions are important for the child’s safety – whether the housing in which you live is tidy, safe, or whether the neighbourhood is safe.

The law does not stipulate how much income a family must have. However, you must assess whether the income you receive is sufficient for you and your child to live a full life.

More information on exceptions and adoption is available here https://vaikoteises.lrv.lt/lt/veiklos-sritys/vaiko-globa-ir-ivaikinimas/ivaikinimas/kas-gali-ivaikinti

What is the difference between adoption and permanent guardianship?

In case of adoption, you become the child’s parents and are legally responsible for him. The child’s relationship with the biological parents is terminated, the child becomes your heir, receives your surname, in some cases, the child’s name may be changed. The child and you are entitled to all social benefits provided for in the law, just like all children and their families. An adoption cannot be revoked or terminated.