U.S. Citizens Services
Adopting a Child in Austria
We understand that the number of Austrian children available for adoption is very limited and that local authorities have a long waiting list of prospective adoptive parents.
Furthermore, Austrian authorities have been reluctant in some instances to release children for foreign adoption. Unless the prospective parents know of a specific child personally or through acquaintances, there are two methods of locating an Austrian child for adoption.
An Austrian attorney may be hired and provided with a power of attorney authorizing him to find a suitable child and proceed with the adoption process through the local court. Otherwise, authorities in the provinces ("Bundesländer") would be in the best position to render information about children available for adoption within the area of their jurisdiction.
For additional information regarding adoption in Austria, please see: http://adoption.state.gov/country/austria.html
The Adoption Process in Austria Is as Follows:
Note: U.S. immigration law generally limits immigrant visas for children adopted abroad to those children who either have no parents or whose sole surviving parent has irrevocably released them for adoption abroad, unless the child has been in the legal custody of the adopting parents for at least two years.
An adoption contract containing certain legal requirements must be entered into by the adopting parent or parents and, if the adoptee is a minor legitimate child, by its father (if contact can be made) on behalf of the child. If the adoptee is a minor orphan or minor illegitimate child, its legal guardian must sign the adoption contract. In addition the adoptee's mother (again, if contact is possible) must give her written consent to the adoption, unless she herself signed the adoption contract as legal guardian of the adoptee. If the adoptee is over 19 years of age, the adoptee must sign the adoption contract, and no parental consent is required. The adopting father must be at least 30 years old and the adopting mother must be at least 28 years old.
Adopting parents must normally be at least 18 years older than the adoptee. A married couple must adopt jointly. All signatures on the adoption contract as well as the natural mother's signature on her consent to the adoption must be notarized either by an Austrian notary public (within Austria) or by a notary public outside of Austria whose signature is authenticated via the "Apostille" procedure. A fact sheet outlining this latter procedure is available from this office on request. (In addition to the United States, this procedure is used in the Federal Republic of Germany, Italy and Switzerland).
The adoption contract and the mother's release are then submitted to the appropriate Austrian court with a petition for certification ("Bestätigung"). The court may require evidence of the adopting parent's social and financial status. The court may also require a "home study" in the United Stares or at the place of residence abroad through an appropriate agency.
If the court is satisfied that the adoption would be in the best interest of the child, it issues a decree ("Beschluss") certifying ("bestätigen") the adoption contract. Such decree makes the adoption final and legally valid and a new birth certificate for the child giving its new name may be obtained from the appropriate Bureau of Vital Statistics ("Standesamt").
Although it is possible for this entire process to be carried out by the prospective parents or parent alone, it may be advisable to engage the assistance of a local Austrian attorney.
A list of English-speaking Austrian attorneys, which might be useful in the adoption process, in the event the interested party desires to engage local legal services, may be obtained from the Embassy's Consular Section.
In addition to notarial fees and that of any attorney selected, there are court costs and a considerable adoption contract tax to be paid in connection with an adoption.
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