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bmeia.gv.at Adoption from Abroad : Federal Ministry of Austria

Organization : Federal Ministry of Austria
Facility : Adoption from Abroad
Country : Austria
Website : https://www.bmeia.gv.at/en/home/

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Adoption from Abroad :

In Austria, all matters relating to the adoption of minors are the responsibility of the federal states. The first point of contact for adoption applicants is the Office of the Federal State Government in whose jurisdiction the applicant’s residence is located.

Related : Federal Ministry of Austria Get Good Conduct Certificate : www.statusin.org/28873.html

In general, intercountry adoptions can be subdivided into two groups :
I : Adoptions from countries that are Parties to the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention, HAC).

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The full text of the Adoption Convention, the list of Contracting States as well as a list of central and other authorities can be found on the website of the Hague Conference on Private International Law, Intercountry Adoption Section.

In Austria, each federal state has a Central Authority for individual adoption cases operating in line with the HAC provisions, which is the respective Office of the Federal State Government (Amt der Landesregierung).

II : Adoptions from countries that are N O T Parties to the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention, HAC).

In all cases involving such countries, please contact the Office of the Federal State Government in whose jurisdiction your residence is located. Other relevant information is provided on the website on intercountry adoptions operated by the Austrian Federal Ministry of Family and Youth.

If children are abducted from or into countries which are NOT Contracting Parties to the HCCA, parents may in principle use two approaches :
1) If there is a custody decree issued by an Austrian court, the parent who has legal custody may have the court ruling recognised and declared enforceable by the competent court of the country the child (children) has (have) been removed to. Otherwise an Austrian court ruling is not binding abroad. The Austrian representations abroad may provide information on reputable local lawyers or may assist the affected parent by sharing information and experience provided by local EU colleagues.

2) The parent who holds custody may turn to the competent court of the country the child (children) has (have) been removed to and initiate separate custody proceedings in order to obtain the necessary legally enforceable decree ordering the return of the child (children). The Austrian representation may provide information on reputable local lawyers or may assist the affected parent by sharing information and experience provided by local EU colleagues.

3. It must, however, be pointed out that both approaches may result in very lengthy and costly proceedings. Neither of the two approaches is viable without involving a lawyer in the country the child (children) has (have) been removed to. The Austrian Ministry has no mandate to represent the interests of Austrian nationals before court.

Contact Us :
Federal Ministry for Europe,
Integration and Foreign Affairs
Minoritenplatz 8, 1010 Vienna

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