International Relative Adoption

A foreign national, or a former foreign national with permanent residence in Iceland, may apply for the international relative adoption of a specific child who is closely related to the applicant and resides in the applicant’s country of origin. The applicant may be a single person, cohabiting partners, or a married couple.

Icelandic adoption legislation applies to international relative adoptions. Accordingly, the District Commissioner must approve the adoption by issuing a pre-approval.

When seeking pre-approval for an international relative adoption, an adoption agency will generally not act as an intermediary in the adoption process.

Requirements for international relative adoption

Parental or guardian consent

Pre-approval for an international relative adoption will not be granted if the child’s parents, one or both, have custody of the child, unless exceptional circumstances apply. The same applies where other relatives have custody of the child.

If it is considered that exceptional circumstances exist and that the application should proceed despite the presence of a custodial parent, informed consent from the custodial parent(s) must be obtained.

In such cases, a statement must also be obtained from any parent who may have rights of contact with the child.

Consent of the child

Where the child is aged 12 or over, strong ties to the child’s country and people will generally remain, and it will be only a short time before the child reaches the age of majority. Pre-approval for the adoption of a child aged 12 or over will therefore only be granted in the presence of compelling reasons.

If such reasons are deemed to exist, the child’s consent to the adoption must be obtained before pre-approval is issued. The same applies where a younger child has sufficient maturity to express a view on the proposed adoption. The child must be given clear guidance on the legal effects of adoption in Iceland before giving consent. The District Commissioner will determine, in each case, who is to be entrusted with providing this guidance.

The circumstances of the child must be such that there is a strong need for the child to leave their country and join a new family in Iceland.

In addition to the above requirements, applicants must meet the conditions set out in the Adoption Act and the Regulation on Adoptions, as described in the section on adoptions of children from abroad, including requirements relating to age, cohabitation period, health, stable finances, housing, and other relevant matters.

It should be noted that the processing of cases involving international relative adoption can take a very long time, in some instances several years.