GERMAN AND AUSTRIAN ADOPTION LAW

Abstract

The paper will analyze the provisions of the German Civil Code and the Austrian Civil Code which governing institution of adoption, with reference to the position of LGBT people in this area. At the international level, this area is governed by the Hague Convention on Protection of Children and Co-operation in inter-country adoption which was ratified by Germany and Austria. Although basing intercountry adoption changes the state of origin of the child, with the possibility of some abuse in practice, the fact is that for children, when we can not find adopters among local citizens, it is often the best option . For this reason, it is interesting to see, what is the prevailing trend when it comes to establishing international adoptions in Germany and Austria.