September 18 2024

Adoption procedure in Lithuania: what should you know when adopting your spouse’s child?

Adoption in Lithuania is one of the most significant legal measures to ensure a child grows up in a safe, stable, and caring family environment. While adoption from foster care is often discussed, in practice, there is an increasing number of cases where a parent’s spouse seeks to adopt the child—for example, a mother who, after divorcing the biological father, has created a new family and wishes for her husband to become the child’s legal father. Or a father raising a child with his partner who wants her to obtain full legal motherhood rights. In such cases, we refer to stepchild adoption.

Stepchild adoption is a simplified form of adoption, yet it remains a formal judicial procedure. It is only permitted when adoption is in the best interests of the child—this is the key criterion assessed by the court. Adoption may be granted when the child’s biological parent (as registered in the birth certificate) has confirmed their consent in court, or if one biological parent is deceased, unknown, or permanently deprived of parental authority. In cases where the biological parent is absent from the child’s life—fails to provide care, maintains no contact, and does not provide child support—adoption may be granted without their consent. However, each case is assessed individually, considering the child’s wellbeing, established relationships, and overall circumstances.

To adopt a stepchild, the prospective adoptive parent must submit an application to the court, along with a municipality-issued report on their suitability to adopt. This report is prepared following mandatory training and an assessment of living conditions, family stability, financial capacity, and the emotional bond between the child and the step-parent. If the child is sufficiently mature, their opinion is also taken into account as a relevant factor.

Once the adoption is granted, the step-parent becomes the child’s full legal parent—with the right to make decisions on all child-related matters, the duty to provide maintenance, and mutual inheritance rights.

Adoption also brings practical benefits—the step-parent no longer needs additional consents for the child’s medical care, education, or travel. The child’s legal status becomes clear and unambiguous across all institutions.

At the same time, it’s important to understand the general adoption procedure in Lithuania when the prospective adoptive parent has no familial relationship with the child. In such cases, one must first contact the local municipal administration, complete specialized training, obtain a positive suitability report, and only then apply to court for adoption of a specific child. The entire process is confidential and conducted exclusively through judicial proceedings.

If you are considering adopting a stepchild, or wish to learn more about adoption options in Lithuania—such as when biological parent consent is required, what documents are needed, and how to draft a proper application—please contact our family law team. We will help assess your situation, prepare for the process, and take this important step toward securing the child’s legal protection and your family’s stability.

Project team
Gabrielė Šinkonė
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