ADOPTION LAW SWEDEN
All matters concerning adoption are heard by the district courts, which pass a judgment to that effect after seeking an opinion from the social welfare board or the Migration Board if the child comes from an alien country. However, the Swedish National Board for inter-country Adoptions (NIA) must approve an adoption or a decision in favor of an adoption by a Swedish court. Under the newly amended act, which came into force on 1 February 2003, homosexual couples registered in a legally recognized partnership have the same rights as married couples to apply to become adoptive parents. In addition, legally registered partners and cohabitees of the same sex are also eligible to be appointed as special joint custodians of a child.
Any man or woman can adopt a child who is
- 25 years of age or more
- The child's biological parents (or legal guardian) must have given their consent to the adoption.
- No consideration has been given or promised for the adoption.
- Has to seek the prior permission of the court for adoption.
- Spouses may not adopt a child unless they adopt jointly.
- For adopting a child separately only incase the other spouse
- is living in an unknown place or
- is suffering from a serious mental disturbance
PROCEDURE FOR ADOPTION
Families who want to adopt a child may follow the following procedures:
- The consent of the Local Child Welfare Authorities is must
- The local social welfare authority then carries out a careful investigation of conditions in the prospective adoptive family before giving consent taking in to consideration of the following factors of the adoptive parents
- Previous conditions as to their childhood and adolescence, education, occupations and relations to parents and brothes and sisters.
Present living conditions
Previous and present state of health
- Religious affiliation and/or attitudes.
Marriage and marital relationships:
Motives for adoption.
Knowledge and experience of children, ideals of upbringing
Expectations and preparations as to parenthood
References from at least two persons who know the applicants well.
Assessment of the resources of the applicants as adoptive parents and their ability to take care of children of a certain age and with certain needs.
The consent so obtained is valid for two years within which the adoptive parents can apply to the district court for adoption.
If the application for consent is rejected by the committee the applicant can appeal to an administrative court.
The district court consults the local Social Welfare Committee before making a decision.
The rules of adoption contained by the Swedish Code of Parenthood stipulate the following.
FOREIGN ADOPTIONS LAW
By virtue of the Hague Convention, 1993 on the "Protection of Children and Co-operation in Respect of inter-country Adoption" which has been incorporated into Swedish law makes any foreign adoption carried out in accordance with the convention is valid in Sweden. The children adopted from other countries now a days are common in the Swedish society.
PROCEDURE of ADOPTIONS
The adopting parents may follow the following procedure for adopting a child abroad:
- As soon as the child arrives in Sweden it must be reported to the local social welfare authority.
From arrival and till the completion of the formalities of the adoption in Sweden, the family is under the supervision of the social authorities.
If the adoption is completed in the child's country of origin, the adoptive parents must apply to the Swedish National Board for Intercountry Adoptions (NIA) in order to have the adoption order declared valid in Sweden.
If the child has not been adopted in its country of origin, the prospective parents by adoption have to apply for adoption by petitioning a Swedish District Court
An adoption abroad is invalid if it was carried out for a purpose other than to create or strengthen a parent-child relationship.
In Sweden today, children adopted from abroad are met with openness and positive interests, which provide a firm foundation for their adjustment to their new families and social surroundings.
However, an adoptee that is the child on adoption severs all legal bonds with his or her biological parents.
In the process of adoption the child acquires the family name of its parents by adoption. It can also be given permission to retain its former family name in combination with the new name if so desired.
The child becomes a Swedish citizen in connection with the completion of adoption formalities in Sweden.
The adopted child inherits and is inherited by his or her adopting parents and their relatives. Swedish regulations on custody and maintenance also apply. An adoption cannot be revoked.
The family tie that arises as the result of adoption is the basis of an application for a residence permit. The strength of such ties is similar to a biological relationship, although with certain adjustments for the special circumstances of an adoptee. A child under 18 adopted abroad may receive a residence permit if the parent resided in Sweden at the time of the adoption. A child under 12 who is adopted by a Swedish citizen in accordance with an adoption decision that is valid in Sweden obtains Swedish citizenship through adoption. In that case, no residence permit is required.
An application for a residence permit must be submitted before the adopted child enters Sweden at a Swedish Consulate or Embassy in his or her native country by paying a certain amount of fee.
ADOPTION AGENCIES AND ATTORNEYS: The Swedish government reviews and amends as necessary the list of authorized adoption agencies on a regular basis. As of 2001, the following five agencies are authorized to handle inter-country adoptions.
172 29 Sundbyberg, Sweden
Street/office visit address
Adoptionsforeigningen La Casa (ALC),
ALC, c/o Bolander
12241 Enskede, Sweden
Barnen Framfor Allt- Adoptioner (BFA-A)
BFA-A Kronhusgatan 16
411 05 Goteborg, Sweden
Barnens Vanner- Internationell Adoptionsforening(BV)
Postal Address Street/office visit address
Barnens Vanner Gammelstadsvagen
Box 123 Ojebyn, Sweden
Familjeforeningen for Internationell Adoption (FFIA)
Postal Address FFIA Street/office visit address
Box 12027 Karl Johansgatan 41-43
402 41 Goteborg Goteborg, Sweden