AKMV Procedure for child adoption in the case of a lack of interest from the biological father
QUESTION
QUESTION My partner and I are planning a wedding, and he would like to adopt my son, whose biological father does not see him and does not pay child support. The father has had no interest in our son for a long time. What is the procedure for adoption, and what documents will we need to submit a petition to the court?
ANSWER:
The adoption of a child whose biological father shows no interest is possible, but it requires a specific legal procedure. If the mother’s new partner plans to adopt the child, it is important that the following steps take place:
Consent of the Biological Father
First and foremost, it will be examined whether the child’s biological father gives consent to the adoption. In cases where the father shows no interest in the child, does not provide child support, and does not contact him, it is possible that the court will not require his consent. However, the court will decide on this based on an assessment of all circumstances.
Filing a Petition with the Court
The petition for adoption must be filed with the competent municipal court (mestský súd) at the child’s place of residence. This petition must clearly state who is applying to adopt the child and what the reasons are. The petition must be signed and contain data about the adopting partner, the mother, and the child.
Documents Accompanying the Petition
Several documents need to be attached to the petition, including:
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The child’s birth certificate,
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Proof of the adopter’s marital status (e.g., a marriage certificate, if they are already married),
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Evidence that the biological father does not care for the child (e.g., non-payment of child support, long-term lack of interest),
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Psychological evaluations or social reports (in some cases, the court may request these).
Assessment of Suitability
The court will assess whether the adoption is in the best interest of the child. If the biological father has long failed to care for the child and has no interest in his upbringing, the court may approve the adoption even without his consent. For the approval of the adoption, it will also be important whether the mother’s partner has already demonstrated the ability to care for the child and has an emotional bond with him.
Our law firm can help you with the entire adoption process, including preparing the petition and securing the necessary documents.
JUDr. Veronika Michalíková, MBA