The court takes decisions on several important matters during an adoption procedure. You can challenge these decisions in a higher instance court.
Where the court has refused to grant you the status of an adopter to allow you to take a child into care or to adopt him/her, you may submit a complaint to the higher instance court. The procedure and time-limits of the appeal should be indicated in the lower court’s decision. You may also complain to the higher instance court, if the lower court has decided to give your child up for adoption without your consent.
Application
In your application to the higher instance court, you should:
- indicate that you have not given consent to the adoption of your child, if the court has decided to give him/her up for adoption
note There are exceptional situations when the consent of a parent is not needed for a child’s adoption. Therefore, you should explain why you think these exceptions do not apply in your case.
- refer to the relevant legal provisions that give you the right to request the court to grant you the status of an adopter, in order to allow for the taking of a child into care or the adoption of the child
- explain why you think that the court’s refusal was unlawful or lacks reasoning. You should describe all the circumstances that are important in deciding whether your request should have been granted
example If the refusal to grant you the status of an adopter is based on the fact that you have failed to fulfil the formal criteria, you should explain why you believe that you have complied.
- if you believe that you are being discriminated against, indicate that your parental access rights are being restricted only due to characteristics that you possess, such as your sexual orientation, age, religious beliefs, political affiliation, national or ethnic origin or other similar grounds
- add all relevant documents that substantiate your request, if there are any
note You may also ask for compensation, if you feel that the court’s decision related to the adoption procedure has violated your right to a private and family life or caused any material or moral damages.
You can learn more about the requirements for your application in the Civil Procedure Code.
Read more about your rights in the civil proceedings.
Decision
The higher instance court will assess whether the lower court’s decision in refusing to grant you the status of an adopter, to allow you to take a child into care, to adopt a child or in deciding to give up your child for adoption without your consent, is lawful and well-reasoned.
If the court finds the lower court’s decision to be unlawful, it may annul it and thus restore the previous relationship between you and your child where your child has been given up for adoption without your consent. If you have appealed a refusal to grant you the status of an adopter, the court may adopt a new decision and also oblige the lower court to make a new decision addressing the shortcomings which the court has indicated.
If you have asked for compensation, the higher instance court may award you compensation.