Adult adoption is a special and limited form of adoption under Greek family law. Unlike the adoption of a minor, which is primarily connected with the protection and upbringing of a child, adult adoption concerns a person who has already reached adulthood and is permitted only in specific cases provided for by the Greek Civil Code.
In practice, adult adoption often arises where a genuine family relationship has already been formed, such as in the case of the adoption of an adult child of a spouse, a relative, or a person who had been raised within the framework of foster care. It is not a simple private agreement between two persons. Adult adoption is pronounced only by court decision, provided that the legal requirements are met.
When Adult Adoption Is Permitted
Pursuant to Article 1579 of the Greek Civil Code, as amended by Article 51 of Law 4837/2021, adult adoption is permitted only where one of the following circumstances applies: either the adoptee is related to the person wishing to adopt him or her up to the fourth degree by blood or by affinity, or the adopting person had previously been the foster parent of the adoptee.
The addition of the case of the foster parent is particularly important, as it legally recognizes situations in which a genuine family bond had developed during the adoptee’s minority, even where there is not necessarily a relationship by blood or by affinity.
Indicatively, adult adoption may be considered in cases such as:
- adoption of an adult child of a spouse,
• adoption of a nephew, niece or cousin, provided that the required degree of kinship exists,
• adoption of a person related to the adopting person by affinity,
• adoption of an adult by a person who had previously been his or her foster parent.
If there is no kinship up to the fourth degree or prior lawful foster-care relationship, adult adoption cannot be based merely on an emotional bond, long-term care, or the wish to regulate inheritance matters.
Age Requirements
In adult adoption, the adopting person must have completed at least the 40th year of his or her age and must be at least 18 years older than the adoptee.
This requirement is crucial. The court does not examine only the will of the parties, but also whether the objective requirements laid down by law are met. If, for example, the age difference is less than that required by law, the application may face a serious issue of admissibility or merits.
Joint Application by the Adopting Person and the Adoptee
Adult adoption is pronounced by the court upon a joint application by the person wishing to adopt and the adult person to be adopted. If the adoptee lacks legal capacity, the relevant application is submitted by his or her legal representative.
This means that adult adoption is, as a rule, based on the conscious and clear will of both parties. The procedure cannot be initiated unilaterally by the adopting person, nor can it be used as a means of imposing a family or property arrangement without the participation of the adoptee.
Consent of the Spouse
If the adult person to be adopted is married, the consent of his or her spouse is required and must be given by personal declaration before the court.
Similarly, because in adult adoption the provisions applicable to the adoption of minors apply by analogy, unless a special rule exists, the consent of the spouse of the adopting person must also be examined where such consent is required under the general provisions.
This consent is not a mere formality. Adoption creates legal consequences for the family and property status of the people involved, and for this reason the court carefully examines whether all required declarations have been properly made.
Which Court Has Jurisdiction
The competent court for the granting of the adoption is the Single-Member Court of First Instance. Pursuant to Article 800 of the Greek Code of Civil Procedure, every Single-Member Court of First Instance in Greece has territorial jurisdiction, while Greek courts have jurisdiction where either the adopting person or the adoptee has Greek nationality, even if he or she does not have habitual residence in Greece. In the latter case, the courts of the capital of the State are competent.
The consents required for the adoption are declared before the court that grants the adoption, without publicity, in a private office.
Adult Adoption Procedure
The procedure begins with the filing of a joint application before the competent Single-Member Court of First Instance. The application must clearly set out the factual circumstances establishing the legal possibility of adoption: kinship up to the fourth degree or the previous foster-care relationship, the age of the parties, the age difference, their family status and the reason for which the adoption is requested.
The court examines whether the legal requirements are met and whether the adoption serves the interests of the adoptee. The general principle that adoption must aim at the interests of the adoptee applies in adoption law and is taken into account in the court’s assessment.
In practice, the supporting documents required depend on the factual circumstances of each case. Usually, documents proving age, family status, kinship or foster care are examined, as well as any evidence documenting the relationship between the adopting person and the adoptee. Where foreign elements are involved, legalizations, apostilles, official translations and a specific review of the applicable law may be required.
When the Effects of Adoption Begin
The effects of the court decision granting the adoption begin when the decision becomes final.
This has practical importance for matters relating to surname, civil registry amendments, family status, maintenance and inheritance consequences. The issuance of the decision should not be confused with the definitive production of all legal effects, which is connected with the decision becoming final.
Legal Effects of Adult Adoption
Adult adoption produces significant legal consequences, but it does not have exactly the same scope as the adoption of a minor.
From the granting of the adoption, the adopted child and his or her descendants born after the adoption acquire the status of common child and common descendants of both spouses, while the bond of the adopted child with the other natural parent and his or her relatives is maintained.
At the same time, adult adoption does not create kinship between the adopted child and the relatives of the adopting person, nor vice versa.
This is one of the key points that anyone considering adult adoption must understand. Adoption creates a legal bond between the adopting person and the adoptee, but it does not fully extend to the entire family of the adopting person, as is the case with the adoption of a minor.
Surname of the Adopted Child
Upon adult adoption, the adopted child takes the surname of the adoptive parent, while retaining the right to add his or her surname prior to the adoption. If either the previous surname or the surname of the adoptive parent consists of two surnames, the first of those surnames is used for the formation of the compound surname.
The regulation of the surname has not only symbolic but also practical significance, as it is connected with the civil registry and municipal status of the adoptee, identity details and any future administrative or notarial act.
Maintenance and Inheritance Matters
In relation to the maintenance obligation towards the adopted child, the adopting person takes precedence over the child’s blood relatives.
Adult adoption may also have inheritance consequences, because a legal parent-child relationship is created between the adopting person and the adoptee. However, because adult adoption does not create kinship with the relatives of the adopting person, the inheritance effects must be examined carefully and always on the basis of the specific circumstances of the case, especially where there are wills, other children, a spouse, property transfers or foreign elements.
Can Adult Adoption Be Dissolved?
Adult adoption is not a simple revocable agreement. It may be dissolved by court decision, following an action brought by the adoptive parent or the adopted child, provided that there is misconduct justifying disinheritance or constituting a ground of ingratitude within the meaning of Article 505 of the Greek Civil Code.
The dissolution of adoption is a serious judicial procedure and should not be considered automatic or easy. For this reason, before filing an application for adult adoption, it is necessary to assess not only the immediate wishes of the parties, but also the long-term consequences.
Frequently Asked Questions About Adult Adoption
Can someone adopt any adult person in Greece?
No. Adult adoption is permitted only in the cases provided for by Article 1579 of the Greek Civil Code: where the adoptee is related to the adopting person up to the fourth degree by blood or by affinity, or where the adopting person had previously been the foster parent of the adoptee.
Can an adult child of a spouse be adopted?
Yes, subject to conditions. This is one of the most common cases in practice, because the child of the spouse is related to the adopting person by affinity. However, all other requirements must also be examined, such as age, age difference, the required consents and the overall legal circumstances of the case.
Is the consent of the adult adoptee’s natural parents required?
In adult adoption, the key element is the joint application by the adopting person and the adoptee, as well as the consents required by law, such as the consent of the spouse of a married adoptee. Whether any additional declarations are required must be assessed on a case-by-case basis, especially where there are specific family or procedural particularities.
What is the minimum age of the adopting person?
The adopting person must have completed the 40th year of his or her age and must be at least 18 years older than the adoptee.
Can adult adoption be completed by notarial deed?
No. Adult adoption is pronounced by the court. A private agreement, solemn declaration or notarial deed between the parties is not sufficient.
Does the surname of the adult adoptee change?
Yes. The adopted child takes the surname of the adoptive parent, while retaining the right to add his or her previous surname, in accordance with the specific rules of Article 1586 of the Greek Civil Code.
Does adult adoption create kinship with the entire family of the adoptive parent?
No. Adult adoption does not create kinship between the adopted child and the relatives of the adopting person, nor vice versa.
Can adult adoption be used for inheritance purposes?
Adult adoption may have inheritance consequences, but it should not be treated as a simple estate-planning tool. The court examines whether the legal requirements are met and whether the adoption serves the interests of the adoptee.
What happens if the adopting person or the adoptee lives abroad?
Where either the adopting person or the adoptee has Greek nationality, Greek courts may have jurisdiction even if there is no habitual residence in Greece. In such cases, particular attention must be paid to the documents, translations, legalisations and any issues of foreign law.
Legal Support for Adult Adoption
Adult adoption is a procedure with significant personal, family and property consequences. It requires careful legal assessment before the filing of the application, particularly in relation to kinship, age, required consents, supporting documents and the consequences regarding surname, maintenance and inheritance rights.
Our law firm undertakes the personalized legal assessment and guidance required in adult adoption cases, from the initial review of the requirements to the preparation of the file and the court procedure.
Contact us to receive specialized legal advice regarding the possibility, procedure and consequences of adult adoption in Greece.
Legal Disclaimer
This article is for informational purposes only and does not constitute legal advice, a legal opinion or a substitute for personalized legal assistance. Each adult adoption case presents particular factual and legal characteristics and must be assessed individually by a lawyer, on the basis of the specific documents, the family status of the parties, the possible existence of foreign elements and the legal framework in force at the time the case is examined.
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