Who can adopt a child in Slovenia and is adoption final?
As a rule a child is adopted jointly by spouses, or one of them adopts the other's child, while a single person may adopt only exceptionally – and since 2023 same-sex couples adopt on equal terms. Adoption is governed by the Family Code, and the procedure is run by the social work centre. The adopter must be at least 18 years older than the child, unless the centre finds the adoption is in the child's benefit. The key myth that same-sex couples cannot adopt no longer holds – after the Constitutional Court decision of June 2022 and the Family Code amendment in force since 31 January 2023, different-sex and same-sex couples are equal. In Slovenia adoption is full and irreversible: the same relationship arises between adopter and child as between parents and children, while the legal tie to the birth family ends. A relative in the direct line, or a brother or sister, cannot be adopted.
📋 The rules
- A child is adopted jointly only by spouses or cohabiting partners; a single person adopts only exceptionally, if it is in the child's benefit.
- Since the Family Code amendment in force from 31 January 2023, same-sex couples adopt on equal terms with different-sex couples.
- The adopter must be at least 18 years older than the adoptee, except on the reasoned assessment of the social work centre.
- The procedure is run by the social work centre, which assesses the child's benefit and the adopter's suitability.
- In Slovenia adoption is full and irreversible; it creates a parent-child relationship, and the tie to the birth family ends.
🔓 Exceptions
- A person may also adopt the child of their spouse or cohabiting partner, even where a single person otherwise could not.
- A relative in the direct line or a brother or sister cannot be adopted; nor can a child while the parents' parental rights last, except in cases set by law.
- Someone removed from parental care or deprived of legal capacity cannot adopt a child.
⚠️ Penalties & fines
Adoption is not about fines but about irreversibility and the full responsibility of a parent. Because adoption in Slovenia is full and irreversible, it cannot simply be undone if circumstances change – the adopter takes on all parental duties, including maintenance and responsibility for the child. With adoption the legal tie to the birth family ends, and toward the adopter the child gains all rights, including inheritance. If the adopter gives false information in the procedure or conceals circumstances important for the child's benefit, this can lead to refusal or later legal consequences. The social work centre may refuse the adoption if it finds it is not in the child's benefit, for example because of too small an age gap or the adopter's unsuitability. Finality is the point: adoption is not a trial arrangement but a permanent change in the child's family and legal status.
📎 Official sources
- PISRS · legislation register (Family Code, adoption) →
- e-uprava · adopting a child and the social work centre →
- Constitutional Court of RS · decision on adoption (June 2022) →
❓ Frequently asked
Can a same-sex couple adopt a child?
Yes, since the Family Code amendment took effect on 31 January 2023 same-sex couples adopt on equal terms with different-sex couples. The change enacted the Constitutional Court decision of June 2022, which found the previous rules unconstitutional.
Can I adopt a child on my own?
As a rule a child is adopted jointly by spouses or cohabiting partners, while a single person adopts only exceptionally, if it is in the child's benefit. A common route is adopting the child of your spouse or partner, where a family relationship already exists.
How big must the age gap be?
The adopter must be at least 18 years older than the adoptee, which secures a suitable age relationship between parent and child. The social work centre may depart from this gap only exceptionally, if it finds the adoption is in the child's benefit despite a smaller gap.
Is adoption final?
Yes, in Slovenia adoption is full and irreversible, so it cannot be undone later. The same relationship arises between adopter and child as between parents and children, while the legal tie to the birth family ends.
Who runs the adoption procedure?
The procedure is run by the social work centre, which assesses the child's benefit and the adopter's suitability. The centre evaluates prospective adopters, enters them in a register and places the child with the family that best suits the child's benefit.
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