Belgians abroad

If your usual place of residence is abroad, you must follow the national adoption procedure of the country in which you are resident (for example, if you live in Kenya and you want to adopt there, you must follow the procedure laid down by the Kenyan authorities).

Then, you must submit the non-national adoption decision to the central federal authority for recognition, so that the adoption is valid in Belgium.

It may also be the case that, as a Belgian resident abroad, you adopt a child in a third country (for example, you live in Kenya and want to adopt a child from another country). In this case too, you must follow the procedures applicable in the two countries and submit the non-national adoption decision to the central federal authority.

The central federal authority checks whether the country where you have your usual place of residence has approved the adoption.

You must obtain the correct information in advance about the rules and procedures laid down, both from the local government and from the government in your adopted child’s country of origin.

Adoption by same-sex couples

In Belgium, since 18 May 2006, same-sex couples (whether married or cohabiting) have been able to adopt children.

Procedure

You can adopt a child either in Belgium or abroad. But things are not always so straightforward in practice. In a national adoption, the biological parents can decide what type of family their child will be placed with.

In a non-national adoption, the law of the country of origin must allow adoption by same-sex couples.

The central federal authority has already recognised non-national adoption decisions. But in all cases these adoptions have been by couples living in another country where the law allows adoption by same-sex couples. Furthermore, in these adoptions, it was not expected that the child would subsequently be brought to Belgium.

Regularisation of adoption procedures

Article 365-6 of the Belgian Civil Code establishes an exceptional procedure for the recognition of adoptions of children whose habitual residence is abroad by adopters whose habitual residence is in Belgium but who have not attended a preparatory course organised by the competent central community authority and have not obtained a judgment that they are fit to adopt pursuant to Article 361-1 of the Belgian Civil Code.

It should be emphasised, however, that this article does not in any way open up new possibilities for unregulated adoption.

This provision places four strict cumulative conditions on regularisation:

  1. the adoption must not have taken place with the aim of evading the law;
  2. the child must be related, up to the fourth degree, to the adopter, the adopter’s spouse or cohabiting partner, even if deceased, or the child must have shared daily life over a sustained period with the adopter or adopters in a parental relationship before the adopters undertake any procedures whatsoever with a view to adoption;
  3. except where the adopted child is the child of the adopter’s spouse or cohabitant, the child must have no other options for long-term care within a family apart from international adoption, taking account of their best interests and their rights under international law;
  4. the conditions for recognition laid down by Articles 364-1 to 365-5 can be met.

If these four conditions are met, the central federal authority may authorise the adopters to attend the preparatory course and apply to the family court for the judgment of fitness to adopt.

The central federal authority can then adjudicate on recognition of the non-national adoption decision previously obtained.

Conversion

Where a judgment declaring a simple adoption has been recorded in the civil status register, you may apply to the family court to convert the simple adoption into a full adoption.

This conversion is only possible if all the conditions for a full adoption are met, mainly as regards the biological parents’ consent.

Revocation

A full adoption cannot be revoked.

A simple adoption can only be revoked on very serious grounds, at the request of the adopted child, the adoptive parent or the public prosecutor.

Review

An adoption judgment can be reviewed when there is sufficient evidence that the adoption took place as a result of the kidnapping, sale or trafficking of children.

The review may be requested by the public prosecution service or by a person from the child’s biological family up to a third-degree relative.

Appeal against non-recognition by the central federal authority

If the central federal authority refuses to recognise a non-national adoption decision, you can appeal to the court of first instance of Brussels within 60 days.

Any interested party or the public prosecution service may appeal within one year of the date of non-recognition.

Your Europe

Published on December 12th 2020

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