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Greek Adoption Law

[The following is a translation of Greek adoption law, prepared and summarized by our Editor.]

Family Code
Chapter 13, Articles 1542-1588

General: Adoption is a legal process, enacted by Court order. There are no private adoption agencies in Greece. Children may be adopted using the services of an attorney acting as facilitator, or through social welfare services and organizations for children in state care.

Who can be adopted?
Only minors can be adopted, except in the case of stepparent adoption.

Who can adopt?
Adults between the ages of 30 and 60, and who are at least 18 years older than the person to be adopted (this holds for adult adoption as well, however the adopting parent must be at least 40 years of age, and there is no upper age limit). Adopting parents may be married or single. If married, both parties must adopt jointly except in the case of stepparent adoption (rare exceptions may be allowed). If single, only one person may adopt. Co-parent adoption by unrelated single persons is not permitted.

Who consents to the adoption?
The child's biological parents must consent unless one or both are unable to be located, or have had parental rights terminated in previous proceedings. In the latter case, an advocate appointed for the child must consent. If the adopted person is age 12 or over, his/her preferences must be heard and taken into consideration.

Consent by biological parents may not be given any earlier than three months following the birth of the child.

In the case of stepparent adoption of a married adult, the spouse of the person to be adopted must consent.

Existing children of the adopting parents will be asked by the Court to express their feelings and opinions.

Application Process
Application is made to the Court through an attorney who generally prepares the documents from scratch. No preprinted forms.

The Court may request information from Social Welfare as to whether the applied for adoption is considered to be in the best interest of the child. The Court makes the ultimate determination of suitability of adopting parents, and may request documentation regarding health, income, character, etc., as it deems necessary.

Results of Adoption
The adoption of a minor gives the child the same rights and obligations afforded to biological children. Adoptive parents may, after finalization, apply to have the child's last name changed, however, if the child is age 12 or older, his/her preference must be heard.

Adoption severs the legal relationship between the child and family of birth, but not the biological relationship.

In the event of stepparent adoption of a minor or adult, the adoptee's *relatedness* to his/her family of birth is not severed. A name change can occur, if desired.

Adoption Records
Records are sealed at the time the adoption is finalized. When the adoptee attains majority (21), he/she has the right to all information about his/her biological parents held by adoptive parents and public offices and organizations.

Adoption Dissolution
An adoption can be dissolved or overturned in instances of proven fraud, coercion, or illegalities of process.

Who can dissolve an adoption?
Adoptive parent(s) and the adult adoptee may agree to dissolve the adoption.

If an adoptive parent and the adoptee marry, the adoption is voided.

A minor adoptee aged 12 and over can apply to have an adoption dissolved.

In the event of a divorce following stepparent adoption: custody of the minor child always remains with the biological parent except in the event of unusual extenuating circumstances, and the adoption can be dissolved.

In the case of stepparent adoption of an adult, the adult adoptee may petition to dissolve the adoption.

When an adoption is dissolved, custody of a minor adoptee passes to the state.

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