Adoption and Foster Care in Austria: What You Need to Know in 2026

In Austria, there are two ways for a child to grow up in your family: adoption (Adoption) and foster care (Pflegeelternschaft). These arrangements are legally very different, so it is important to understand what each involves.

Who can adopt in Austria?

Married couples, registered partners, cohabiting couples and single people may adopt. The adoptive parent legally takes the place of the corresponding biological parent.

Main requirements

• Minimum age: 25 years; for couples, it is sufficient for one partner to have reached the age of 25.
• Maximum age: there is no statutory upper age limit.
• Age difference: the adoptive parent must be older than the child.
• Marital status: married couples and registered partners generally may adopt only jointly.

The applicants’ personal, social, health and financial circumstances must also be suitable, and both prospective parents must consent. The decisive consideration is always the child’s best interests and whether a genuine parent-child relationship can develop.

Single applicants and couples who already have biological children generally have a lower chance of being selected. If the child’s parents have died, relatives are given priority.

Where to start and how the process works

The first step is to contact the child and youth welfare authority responsible for your place of residence (Kinder- und Jugendhilfeträger):

• the district authority (Bezirkshauptmannschaft),
• the magistrate (Magistrat) in cities with their own statutory status,
• in Vienna, MA 11, the Office for Youth and Family (Amt für Jugend und Familie).

The authority carefully assesses suitability and provides information and advice.

The process in general

1. Contact the competent authority.
2. Attend an initial information meeting.
3. Prepare the adoption agreement (Adoptionsvertrag).
4. Complete the court approval procedure at the district court (Bezirksgericht) for the child’s place of residence.

The court checks all requirements and also holds hearings. If approval is granted, the adoption takes effect from the date on which the agreement was concluded.

Adoptions may only be arranged by the child and youth welfare authority or by a recognised private organisation authorised in the relevant federal province. Charging a fee for arranging an adoption is prohibited. Be careful with private intermediaries promising a “quick, bureaucracy-free” process.

Types of adoption

The biological mother decides which form is used, although applicants can indicate which arrangements they are willing to accept.

• Confidential adoption (Inkognitoadoption): the biological parents receive some information, such as age and occupation, but not the adoptive parents’ name or address.
• Open adoption (offene Adoption): the biological parents know where the child is and may maintain contact.
• Semi-open adoption (halb offene Adoption): contact can be maintained through the authority, including meetings in a neutral location and the exchange of letters and photographs.

These arrangements cannot be enforced in court. The mother may withdraw her consent until the court approval; this period is generally around six months. During this period, the prospective adoptive parents may also withdraw.

Stepchild and international adoption

Stepchild adoption (Stiefkindadoption) means that the biological parent’s partner adopts the child. This has also been possible for same-sex couples since 2013. As a general rule, both biological parents must consent, although the court may replace consent if the refusal has no valid reason. Without adoption, a stepchild has no maintenance or inheritance rights in relation to the stepparent.

For an international adoption, you must contact the federal province governments (Landesregierungen). Requirements vary from country to country and often change. Costs for travel, accommodation and translations may be significant. The child’s citizenship does not change automatically, but a minor foreign child adopted by an Austrian citizen has the right to be granted Austrian citizenship.

Foster care: how is it different from adoption?

As a foster parent, you take a child into your home for a defined or indefinite period. There is crisis foster care (Krisenpflege) for a short period and long-term foster care (Langzeitpflege), which may last until the child reaches adulthood.

The biological parents’ rights largely remain in place, and the usual ultimate goal is for the child to return to their family. If this is no longer possible, or a parent-child relationship has developed, foster parents may apply for full custody or initiate adoption proceedings.

A foster care permit (Pflegebewilligung) is required to take in a child under 14. The permit always applies to a specific child. There is no official minimum age, but applicants are expected to have life experience; ideally, the age difference should not exceed 40 years. Single people may also become foster parents.

What support may be available?

If the requirements are met, foster parents may be entitled to:

• family allowance (Familienbeihilfe),
• childcare allowance (Kinderbetreuungsgeld),
• care leave (Pflegefreistellung),
• foster parent allowance (Pflegeelterngeld), which varies by federal province.

A foster child may be co-insured through one of the foster parents’ health insurance. In some federal provinces, foster parents may also be employed under an employment relationship. Adoptive parents are entitled to parental leave (Elternkarenz), but not maternity allowance (Wochengeld).

Frequently asked questions

How long must you wait for an adoption?

You should expect a waiting period of at least two to three years.

Is there an upper age limit for adoption?

No. The law does not set an upper age limit.

Can an adopted child find out who their biological parents are?

As a general rule, from their 14th birthday, the child may inspect their files at the court or at the child and youth welfare authority.

Can an adult be adopted?

Yes, if a close relationship corresponding to a parent-child relationship already exists, for example on the basis of five years of living in the same household.

Practical steps

1. Identify the child and youth welfare authority responsible for your place of residence.
2. Contact the Bezirkshauptmannschaft, Magistrat or, in Vienna, MA 11.
3. Attend the initial information meeting and ask about the suitability assessment.
4. Decide whether adoption, crisis foster care or long-term foster care is the arrangement you can realistically undertake.
5. Do not pay private intermediaries for adoption arrangement services; charging a fee for mediation is prohibited.
6. For an international adoption, contact the relevant Landesregierung before making travel or financial commitments.

This information is based on sources available online and is not legal, medical or other professional advice. Use it at your own risk. For individual guidance, contact a lawyer, legal professional, healthcare professional, employment-law or labour-market specialist, or another relevant professional.

Source: oesterreich.gv.at