Family adoption
Family adoption is an adoption where the adopter adopts a grandchild, a nephew/niece, or a sibling. Family adoption can also occur if another close relationship exists between the adopter and the child – for example, the child may be a foster child, or the adopter has a close relationship with the child's parents. The child can be younger or older than 18 years old. When the child is older than 18 years old, it is referred to as adult adoption. If the child is a foreign national, it is considered an international family adoption – and if the child resides in the Danish Realm, it is a domestic family adoption.
A family adoption is usually characterized by a relevant family relationship between adopter and the child you wish to adopt. The child should be a grandchild, sibling, or the child of a sibling. Family adoption can also be pursued if instead of a relevant family relationship, there is another significant connection between the adopter and the child. For instance, when wishing to adopt a foster child. In certain cases, family adoption is possible if there is a close relationship between the adopter and the child's biological parents. However, this relationship should be similar to that of close family ties, such as between siblings. Usually, it is required that the adoptive parent and the biological parent grew up together or had a close relationship for a long time, usually 3 years or more. Therefore, it is not sufficient for the adopter and the parent to have been close friends in order to pursue family adoption.
When a child is adopted, the circumstances between the adopted child and the adopter becomes similar to that of the biological parent and child. This means that upon adoption, the adopter assumes custody and responsibility for the non-biological child. The adopter becomes the guardian of the minor adoptive child and the adoptive child inherits the adoptive parent. The adopted child may also take the adopter's surname.
In summary, when a child is adopted, they are taken into a family, and they have the same rights and obligations as if they were a biological child.
Permission to adopt is fundamentally based on the premise that adoption is in the best interest of the child.
If the Family Law Administration deems it a family adoption, it is not necessary be approved as an adopter (as is the case with non-relative adoption).
A family adoption is not anonymous.
To apply for family adoption an application for family adoption must be sent to the Family Law Administration. The application form is available upon request.
The following documents must be included in the application:
- Birth or baptism certificate of the applicant
- Documentation of any name change of the applicant
- The applicant’s identification number certificate (P-number)
- The child’s birth- or baptism certificate
- Documentation of any name change of the child
- The child’s identification number certificate (P-number)
- Custody documentation of the child (if the child has not attained the age of 18)
- Documents relating to possible child support
- Marriage certificate of the applicant (if married)
- A copy of the passport
- Work- and residence permits
- Annual tax returns from for the last 2 years
- A foster care permission, if the child is under applicants' care and the relationship is related to foster care
Foreign documents must be submitted as original copies or as certified copies. Certified translations must also be attached, however translations are not necessary if the documents are in Danish, Norwegian, Swedish, Finnish, Icelandic, English, or German.
It is required that all foreign birth certificates be legalised according to the standard legalisation procedures of family law documents. Consult the National Boards of Appeals (Ankestyrelsen) guidelines regarding the certification of family law documents from abroad.
Guidelines on the certification of family law documents from abroad can be found here (in Danish).
When an application for family adoption is received, the Family Law Administration will gather necessary information to assess the application. This includes obtaining a residence overview, a comprehensive background check, and a statement from the Foster Parenting Authority regarding whether the applicant(s) meets the requirements to foster a child.
Furthermore, the Family Law Administration will take the child’s and the biological parent’s opinion on the matter.
Applicant(s), the child, and biological parents are usually invited to a meeting at the Family Law Administration for guidance and clarification of the case.
Please note that the Family Law Administration also invites children from the age of 7 to an interview to express their views on the adoption. If the child is older than 18, they must consent the adoption.
If the child is older than 18, the Family Law Administration will request a statement from the biological parents regarding their opinion on the adoption.
If the child is under the age of 18 and the biological parents have joint custody, both parents must consent to the adoption.
If one parent has sole custody, that parent must consent to the adoption, while the non-custodial birth parent must provide a statement to the Family Law Administration describing their opinion regarding the adoption application.
When an adoption case involves a family adoption of a foreign child still living abroad or a child that has been brought to the Faroe Islands with the intention of being adopted, the Family Law Administration involves the authorities of the country of origin in the process.
However, if the child has a permanent residence in the Faroe Islands, there is usually no need to involve foreign authorities into the adoption process.
When the child lives abroad, special investigations are made into the adopter(s) and the child’s circumstances.
The Family Law Administration looks into the adopter's affairs and the country of origin usually investigates the child. The examination of the Family Law Administration typically includes these aspects regarding the adopter(s):
- Residence, occupation, and financial status
- State of health
- Background, family circumstances and social environment
- Knowledge of children
- Information regarding other children in the household
- Relationship between adopters
- Reason for wanting to adopt
- Ability to undertake an international adoption
A significant purpose of conducting an investigation into the child’s circumstances is to establish the necessary foundation for assessing whether the benefits of adoption outweigh the challenges associated with the child moving from their home country to a new environment in the Faroe Islands.
In the case of adoption of a foreign child under 12 years old, the child automatically acquires Danish citizenship. However, in the case of adoption of a child older than 12 years, the child does not automatically acquire Danish citizenship. Nonetheless, it is possible to apply for Danish citizenship.
It is a fundamental requirement that adoption is deemed to be in the best interest of the child.
Family adoption can be carried out by a sole adopter, by spouses, or by cohabiting partners. If adopters are married or a in a partnership, the starting point is that spouses or partners can only adopt jointly.
The following requirements apply in regards to family adoption:
- If married or cohabiting, adopters must have cohabited for at least 2 ½ years
- If the child is younger than 18 years old, it must be possible for them to have lived with the adopters for at least 3 years before they turn 18.
- If the child is 18 years old or older, they must have lived with the adopters for at least 3 years before turning 18.
- Adopters must be at least 25 years old. In special cases, adoption can proceed if adopters are 18.
- Adopters must be at least 14 years older than the child.
- Adopters must provide documented proof of a relationship between one of the adopters and the child, such as birth certificates from relevant family members.
Decisions made by the Family Law Administration can be appealed to the National Appeals Institution (Føroya Kærustovnur) within 4 weeks of the date you were informed of the decision.
Send the appeal to:
Føroya Kærustovnur
undir Hornabakka
PO box 45
110 Tórshavn
or by e-mail to fks@fks.fo
If you would like to learn more about family adoption, you can read more on the National Social Appeals Board (Ankestyrelsen) website here.
If you need more information about adoption or are in doubt about something specific, please contact the Family Law Administration.