Child adoption in the Republic of Croatia

Adoption is a legally regulated procedure through which a parental relationship is established between the adoptive parent and the child. It includes the assessment of the adoptive parent’s suitability, evaluations by the competent institutions, and court approval. The procedure is carried out in accordance with the Family Act and other relevant regulations. The Family Act defines adoption as a special form of family-law protection and care for a child without adequate parental care through which a permanent parent-child relationship is created. The Act further stipulates that adoptive parents acquire parental rights through adoption, and it can only be established if it is in the best interest of the child. During the adoption process, particular attention is paid to the welfare and interest of the child in relation to the characteristics of the adoptive parents. Consideration is also given to the possibility of siblings being adopted by the same adoptive parents, if possible and in line with the child’s best interest.

Requirements for adoption on the child’s side
In order for adoption to be possible, certain legal requirements regarding the child must be met. Under current legislation, these include the following:

Age of the child – adoption can be established until the child reaches eighteen years of age. If the child is of unknown origin, adoption may take place after three months from the child’s birth or from the moment the child was abandoned.

Prohibition of adoption of certain relatives and wards – it is not permitted to adopt a biological relative in the direct line (e.g., brother or sister), or a ward until the Croatian Institute for Social Work releases the adoptive parent from their guardianship duties.

Adoption of a child of minor parents – as a rule, it is not permitted to adopt the child of minor parents. Exceptionally, adoption is possible one year after the birth of the child if there is no realistic possibility that the child will be raised in the family of the parents, grandparents, or other close relatives. In that case, the consent of the minor parents is required.

Requirements for adoption on the adoptive parent’s side
The law prescribes the conditions that an adoptive parent must meet in order to legally adopt a child. These conditions include age, marital status, citizenship, and certain restrictions.
Age of the adoptive parent – the adoptive parent must be at least 21 years old and at least 18 years older than the child being adopted. Exceptionally, a person younger than 21 may adopt a child if there are especially justified reasons, provided they are still at least 18 years older than the child.
Status of the adoptive parent – a child may be adopted by married or common-law partners jointly, one married or common-law partner if the other is the child’s parent or adoptive parent, one married or common-law partner with the consent of the other partner, or a person who is not in a marriage or common-law union (a single person).
Citizenship of the adoptive parent – as a rule, the adoptive parent must be a Croatian citizen. Exceptionally, the adoptive parent may be a foreign citizen if this is in the best interest of the child. If either the adoptive parent or the child is a foreign citizen, adoption is only possible with prior approval from the ministry competent for social welfare.
Prohibitions on adoption – a person cannot adopt a child if they have been deprived of parental rights, if they have been deprived of legal capacity, or if their previous behavior and characteristics indicate that it would not be desirable to entrust them with parental care of a child.

Adoption procedure
The adoption procedure begins with the submission of an application and request to the competent Croatian Institute for Social Work according to the applicant’s place of residence. The application of intent to adopt should include basic contact information, but it is also desirable for it to resemble an emotional motivation letter, which includes a statement of intent to adopt, reasons for adoption, and similar information. The application must be accompanied by certain documentation, such as a birth certificate, proof of citizenship, proof of employment, criminal record check, etc.
After the application and request, a suitability and appropriateness assessment follows. A social and psychological evaluation is conducted through interviews, testing, home visits, and conversations with close relatives or friends. The recommendation is made by the expert team of the competent Institute.
Participation in an educational program for adoptive parents is mandatory if the applicants meet the legal requirements for adoption.
Within 6 months, the Institute issues an opinion and registers the adoptive parents in the register of potential adoptive parents. Removal from this register is possible upon prior notice to the Institute.
The competent Institute selects the most suitable adoptive parent(s) according to the child’s needs. If more than a year has passed since the initial assessment, the opinion on suitability and appropriateness is re-evaluated.
Thereafter, the most suitable potential adoptive parent is allowed to establish personal contact with the child to assess whether the adoption would be in the best interest of the child. During this time, professional support is provided and the future relationship between the child and adoptive parent is assessed.
If all conditions are met and it is found that the adoption is in the best interest of the child, the Institute issues an adoption decision, which determines the status of the adoptive parent. An appeal against this decision may be submitted to the competent ministry within 8 days from the date of receipt.

Same-sex unions / life partnership
Before 2021, adoption was not permitted for life partners. However, a ruling by the Administrative Court in Zagreb from April 2021 allowed Croatian life partners to enter the adoption assessment process. According to the ruling, life partners can become adoptive parents.
Therefore, a same-sex couple may jointly enter the process of child adoption if their life partnership is registered and they meet all legal requirements. Additionally, one partner may adopt the other partner’s child, whether biological or adopted, with the primary consideration being the welfare and best interest of the child.