Adoption in Poland – how to file a petition and what it must contain

Adoption is one of the most significant decisions a family can make. It is not only an emotional and moral commitment but also a complex legal process that requires careful preparation. Polish family law sets out in detail who may adopt a child, what conditions must be met, and how the court proceedings unfold. Below is a practical guide – both for those who are still considering adoption and for those who are already at the stage of preparing their application.

Table of contents

1. What is adoption and what types exist under Polish law?
2. Who may adopt – the legal requirements
3. Consent of the biological parents – when is it required?
4. Which court has jurisdiction and how do proceedings work?
5. Template petition for adoption
6. What documents must be attached?
7. FAQ

What is adoption and what types exist under Polish law?

Adoption (przysposobienie) is a court order that creates between the adopter and the adopted child the same legal relationship as that between biological parents and their child. Once adoption is granted, the adopted child becomes the legal child of the adopter – with full inheritance rights, a mutual maintenance obligation, and a new birth certificate.

Polish law distinguishes three types of adoption. Full adoption severs the child’s existing legal ties with their biological family entirely – the child becomes a full member of the adopting family. Full irrevocable adoption  is the permanent, non-reversible form – it cannot be set aside even by agreement of the parties. It is mandatory in cases of international adoption, and the court may also order it in domestic cases where it serves the child’s best interests. Incomplete adoption is less commonly used and leaves some legal ties with the biological family in place.

The template petition included in this article is for full irrevocable adoption, which is the most commonly used form in practice.

Who may adopt – the legal requirements

Adoption is available only in respect of a minor child and only where it serves the child’s best interests . The child’s welfare is the paramount consideration throughout the proceedings – the court examines not only the formal correctness of the application but also the applicants’ genuine capacity to provide proper care.

Joint adoption is available exclusively to married couples . Couples in informal partnerships cannot jointly adopt a child. Each spouse must have full legal capacity. Polish law does not prescribe a rigid upper age limit for adopters, but requires that the age difference between the adopter and the child be “appropriate” – in practice, courts assess this on a case-by-case basis.

The adopters must also have the personal qualities and practical conditions necessary to raise a child. In practice, completion of a course at an adoption centre and obtaining a positive qualification assessment are obligatory steps in the preparation for domestic adoption.

Consent of the biological parents – when is it required?

As a general rule, consent of the biological parents is required for adoption . This consent must be given before the family court – a written declaration outside court proceedings is not sufficient.

Polish law also provides for blanket consent, by which a biological parent may consent to adoption without identifying the specific adopter. Such consent may be given no earlier than six weeks after the child’s birth.

Parental consent is not required where the biological parents have been deprived of parental authority, are unknown, are deceased, or where communication with them is impossible. The court may also grant adoption without parental consent where the parents have persistently shown no interest in the child – though this requires detailed factual findings.

Which court has jurisdiction and how do proceedings work?

The petition is filed with the family court (sąd opiekuńczy), which is the family and juvenile division of the district court (sąd rejonowy, wydział rodzinny i nieletnich). The court with territorial jurisdiction is the court for the place of residence of the adopter or of the child to be adopted. In cases of international adoption, the competent court is that for the child’s place of residence.

For residents of Poznań, the relevant court depends on the exact address: it may be the Poznań-Stare Miasto District Court, the Poznań-Grunwald i Jeżyce District Court, or the Poznań-Nowe Miasto i Wilda District Court. Each court publishes on its website a list of the streets and localities within its jurisdiction.

A petition for adoption is exempt from court fees.

After the petition is filed, the court conducts non-contentious proceedings: it hears the applicants, examines the documentation, typically commissions a welfare report from a court-appointed probation and welfare officer, and – in the case of older children – may also hear the child directly. Once the proceedings are complete, the court issues an order granting adoption. After that order becomes final, it serves as the basis for issuing a new birth certificate for the child.

Template petition for adoption

Poznań, _____________ [date]

District Court Poznań-Stare Miasto in Poznań Family and Juvenile Division IV ul. Młyńska 1a 61-729 Poznań

Applicants:

1. (full name), residing at _________________________, PESEL: _________________
2. (full name), residing at _________________________, PESEL: _________________

Party to the proceedings: the minor (child’s full name) residing at _________________________ PESEL: _________________________ represented by guardian: (full name of guardian) residing at _________________________ PESEL: _________________________

Petition for adoption

Acting on our own behalf, we apply for:

1. an order for the full irrevocable adoption of the minor (child’s full name), born on _____________ in _____________, son/daughter of _____________, by the married couple: (female applicant’s full name), born on _____________ in _____________, daughter of _____________, née _____________, and (male applicant’s full name), born on _____________ in _____________, son of _____________;

2. the issue of a new birth certificate for the child in accordance with Article 48 § 1 of the Law on Civil Status Records;

3. a change of the child’s given name from _____________ to _____________; (if applicable)

4. an order determining the manner of personal contact with and care of the minor, by establishing the child’s residence at our place of residence for the duration of the proceedings.

Statement of reasons

(The statement of reasons should set out, in descriptive form, all relevant facts and the evidence supporting them. In particular, the applicants should explain: why the biological parents are unable to care for the child; why the applicants have decided to adopt; what relationship and bonds exist between the applicants and the child to be adopted; whether the biological parents have consented to the adoption; and whether the applicants are in a position to maintain the adopted child – with reference to appropriate supporting evidence.)

(signatures of the applicants)

What documents must be attached?

The petition must be accompanied by a copy of the petition and attachments (for service on the party to the proceedings), a full certified copy of the child’s birth certificate, a certified copy of the applicants’ marriage certificate, salary certificates or payslips for both applicants, and – depending on the circumstances – the biological mother’s or parents’ consent to adoption given before the district court (either blanket consent or consent naming the adopters), or the consent of the child’s legal guardian. Where parental consent is not required, this should be explained in the statement of reasons with appropriate supporting evidence. Any other documents referred to in the statement of reasons should also be attached.

In our experience, the quality and completeness of the statement of reasons has a significant impact on how smoothly proceedings progress. The more precisely the child’s situation and the applicants’ circumstances are described, the fewer supplementary requests and questions arise from the court.

FAQ

Can unmarried individuals or same-sex partners adopt a child in Poland? A single person may adopt a child in Poland. However, joint adoption by two people is available exclusively to married couples under Polish law. Couples in informal partnerships – regardless of their gender – cannot jointly adopt a child. This position reflects current Polish law and has been a subject of ongoing legal and public debate.

Does the child need to consent to the adoption? A child who has reached the age of 13 must give their consent to adoption. A younger child is heard by the court in a manner appropriate to their level of maturity, and their views are taken into account.

How long do adoption proceedings take? The duration depends on the complexity of the case, the court’s workload, and whether additional steps such as a welfare report or investigation into the biological parents’ position are required. As a rough guide, proceedings typically take between several months and one year. Cases requiring additional factual investigation may take longer.

Can an adoption order be set aside? Full adoption that is not designated as irrevocable may be set aside by the court for important reasons, on the application of the adopter or the adopted person. Full irrevocable adoption (Article 121 of the Family and Guardianship Code) cannot be set aside under any circumstances. The decision to seek this form of adoption should therefore be made with full deliberation.

What happens to the child’s original birth certificate? Once the adoption order becomes final, a new birth certificate is issued in which the adopters are named as parents (Article 48 § 1 of the Law on Civil Status Records). The original birth certificate is sealed and is not publicly accessible.

I am a foreign national living in Poland – can I adopt a child in Poland? Foreign nationals habitually resident in Poland may adopt a child in Poland subject to the same requirements as Polish nationals, provided Polish courts have jurisdiction. Where the child to be adopted or the adopters are connected to more than one country, additional rules apply – including, in some cases, the rules on intercountry adoption under the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption. The specific requirements depend on the nationalities and habitual residences involved. Legal advice tailored to the individual situation is strongly recommended before proceedings are commenced.

Is the adoption process the same for a child already in the family, for example a step-child? Step-parent adoption follows the same general procedure, but the factual circumstances differ significantly – in particular, the position of the other biological parent (who must typically consent) and the existing relationship between the adopter and the child are key factors. The court applies the same overriding test of the child’s best interests.

Considering adoption or at the stage of preparing your application? Call: +48 531 335 713 or email: kancelaria@prawnikodrozwodu.pl

This article is for general informational purposes only and does not constitute legal advice. Every family law case is individual and requires analysis of the specific facts and documents involved. The law firm accepts no liability for actions taken on the basis of the information contained in this article. For advice tailored to your situation, please contact our office.

Kancelaria Prawa Rodzinnego (Family Law Office): Adwokat Michalina Koligot, Adwokat Marta Krzyżanowicz, Adwokat Anna Konrady, Radca prawny Joanna Jędrzejewska ul. Mickiewicza 18a/3, 60-834 Poznań | tel. +48 531 335 713 | kancelaria@prawnikodrozwodu.pl | www.prawnikodrozwodu.pl