Foreign adoptions in Poland – a fresh trend or a chance for a household for children from Africa and Asia?

In fresh years Poland has become not only a country that sends children for adoption abroad, but besides a host country for children outside Europe. This phenomenon causes both emotions and controversy. Moreover, it is simply a change not only from social needs but besides from political and legal changes that have taken place in the last decade.

Poles adopt children from overseas – why now?

According to the information provided by Rzeczpospolita, there is an increase in the number of requests for adoption of children from countries specified as Vietnam, Colombia, South Africa or the Philippines. The Ministry of Labour, household and Social Policy explains the fact that more and more foreigners settle in Poland, which is frequently associated with the desire to receive a kid from their native country.

This phenomenon may be the beginning of a long-term change, as evidenced by the comment of the household ministry:

"This means that, as a country, we will most likely face fresh challenges in terms of changing the profile of our country from the home country to the host country."

History of Polish adoption policy

Not long ago Poland was 1 of the largest exporters of children for global adoption. According to the Ministry of Justice data, inactive between 2006 and 2016 annually about 300 children went to families abroad. The highest year is 2008When is that? 383 minors were adopted by families outside our country.

However, there has been a extremist change since the Law and Justice took office. Poland completely blocked the anticipation of adopting abroad Polish childrenwhich was a reaction to kid trafficking and sibling sharing. The consequence is that present the number of adoptions of Polish children abroad is marginal – in 2023 only 9 cases.

Adoption and adoption – legal differences

Please note that in Polish government there is simply a fundamental difference between Adoption and adoption. In the case of children from outside the European Union, the most commonly referred to adoption, due to the fact that many countries do not let global adoption by foreigners.

According to Polish household law (Article 1571 of the Code of household and Care), adoption requires certain conditions, including:

• have adequate individual and material conditions,
• stay together with the kid for at least 1 year (in exceptional cases this period may be shortened),
• to get the consent of the welfare authorities and the court.

Are there precedents for case law?

Although there are inactive fewer cases of adoption of children from outside the EU, it is worth mentioning the provisions of the average courts that show that courts are open to specified requests, provided that all procedural and material conditions are met.

For example, in the judgement of the territory Court for Warsaw-Mokotów of 14 March 2022 (Event No III CZ 2/22/), the court accepted the application for adoption of a kid from 1 of the African countries, assessing that the child's interests were full taken into account.

Similar decisions can besides be found in the Constitutional Court rulings, where it was stressed that The child's interests must be a priority in any adoption or adoption case.

Ukraine and another countries – abroad adoption blockade

It is interesting that although Poland was previously 1 of the main exit routes for Ukrainian children, the situation has changed. Since the start of the war in Ukraine Government in Kiev suspended global adoptions, as confirmed by the global Adoption Commission (ICAB).

Poland, as a neighbouring country, has even prepared a peculiar humanitarian aid task covering the care procedures for exile children. However, adoption remains possible only within the household strategy – without the anticipation of giving the kid up for adoption by foreigners.

What is the procedure for adopting a kid from abroad?

This procedure is complex and consists of respective stages:

1. Consultation of the probation officer – the household must prove that it meets the conditions for the admission of the child.
2. Obtaining the consent of the country of origin of the child – a key paper without which the full procedure cannot move.
3. Family Court Decision – the court examines the documentation and decides to adopt.
4. Application of the kid to the population records – the kid receives the Polish PESEL and identity card.

Summary

Adoption and adoption of children from abroad is simply a subject that takes on importance in Poland. Although we utilized to be a country exporting children to families abroad, present we are increasingly a host country. This trend involves many challenges – legal, cultural and social – but besides a large chance for children from another parts of the world.

For families who want to open their homes to children outside Europe, it is crucial to know precisely the procedures and to be aware of the work of specified a decision.