Belgian law has established conditions for the characteristics of Belgian prospective adopters, the adoption is done by national or international. It determines the effects of adoption and sets the rules of procedure..
No prior contact can occur between the adopter and the child or the adoptive parent and the child’s parents, the person who has custody or any person whose consent to adoption is required unless the competent authority of the State of origin and the host state have given their approval for the matching.
A child may be adopted by his mother if his maternal lineage is already established, nor by his father, if his paternity is established.
Cohabitants may adopt, even if they have not made a declaration of legal cohabitation, provided they are unrelated, they live together permanently and emotional for at least 3 years at the time of the introduction of the adoption application (except in case of declaration of legal cohabitation).
The right of adoption by a homosexual couple entered into force in Belgium June 18, 2006. Homosexual couples are subjected, in Belgium, the same rules as those prevailing for heterosexual couples.
- Any person wishing to adopt a child must now follow a preparation prior to adoption, organized by the Communities.
- The introduction of a review process of adoption (simple or full) to terminate the adoption if grave circumstances are established or when the person est and the rights of adopted children have been violated.
- The adoption is now open for people cohabiting (unmarried) of different sex. People can not however be relatives of each other, they must have lived permanently for at least three years and their life together must have an emotional nature.
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