Intercountry adoptions without a service provider

In order for the authorities in Finland to assess whether the legality and legal effects of the decision given in another country correspond to adoption in accordance with the Finnish Adoption Act, a content review of the original decision is required.

For example, a guardianship decision is not equivalent to adoption in the Finnish legal system.

The kafala system in common use in Islamic countries is not equivalent to adoption in the Finnish legal system. Unlike adoption, kafala is a contractual relationship that does not permanently change the legal relationships and rights of inheritance of the child and their biological family. Kafala is a fixed-term agreement valid until the child becomes an adult. Adoption is a permanent arrangement, not a fixed-term agreement.  Kafala can be revoked; adoption cannot.

Under Finnish adoption legislation, adoption cannot take the form of an agreement between the parties, it cannot be temporary in nature, and it cannot be revoked. An adoption decision can only be made by a competent authority. The decision should be based on the adoption legislation of the child’s country of birth or country of origin.

Your habitual residence determines where your matter will be processed. 

1. If your habitual residence was in Finland immediately before the adoption was effected, you should have applied for or should apply for an adoption permission in Finland. You must first seek adoption counselling and then apply for an adoption permit.
2. If your habitual residence was not in Finland and was based on circumstances other than adoption purposes, (for at least one year) immediately prior to the adoption, the recognition of the adoption decision shall be resolved by the Helsinki District Court. Read more on the District Court's website.

All the requirements specified in Finnish adoption legislation must be met

• Adoption is in the best interest of the child, and the child needs adoption.
• A report on the child’s situation has been received from the authorities in the child’s country of origin, stating that it is not possible for the child to find a family in that country.
• The child is a close relative or has been cared for or brought up by the applicant on a long-term basis. 
  • According to the established practice of the Adoption Board, close relatives in the sense of descendants are considered to include a grandchild or the child of a sibling but no further relatives than that.
• Co-adoption is only possible for married persons. 
• The applicant meets all other requirements for adoption permits in accordance with the Adoption Act.
• The applicant is responsible for compiling all documents required for the adoption permit application and for having them legalised and translated.
• Read the instructions: The Adoption Board warns applicants that there are risks involved in independent adoptions.

Finland is a signatory of the Hague Adoption Convention, one purpose of which is to prevent the risks to children inherent in independent adoptions.

The Adoption Act of 2012 introduced stricter criteria for adoption in Finland. The purpose of this is to combat the risks inherent in independent adoptions, such as trafficking in children. Another purpose is to ensure that prospective adoptees have a true need for intercountry adoption. Arranging an adoption through a licensed international service provider is the best way to safeguard the child’s best interests. International adoption services are provided by Interpedia ry.

Under the Adoption Act, any person resident in Finland, regardless of citizenship, who wishes to adopt a child from abroad must have an adoption permission from the Adoption Board, must receive adoption counselling and must use intercountry adoption services.

Adopting a child independently, bypassing the statutory process, involves many uncertainties and risks. These include but are not limited to the following:

• the adoption will not be legally valid in Finland,
• the Helsinki District Court will not confirm an adoption for which permission should have been applied for,
• the child will not be issued a travel document or entry permit to Finland,
• the child will not be given Finnish citizenship,
• the child’s background will not have been investigated and/or involves abuse.

When an applicant applies for permission to adopt without an adoption service provider, the applicant must provide any and all documentation that may be required by the Adoption Board.

The Adoption Board may require documents including but not limited to the following:

• necessary documentation concerning the applicant himself/herself,
• documentary evidence of the relationship between applicant and adoptee (blood relative),
• a DNA test may be commissioned to prove a family relationship if necessary,
• birth certificate of the child,
• report from the social welfare authorities in the child’s country of origin explaining why the child cannot remain with his/her biological family
• report from the social welfare authorities in the child’s country of origin affirming that the child’s biological parents have received adoption counselling and understand what adoption means
• any other documents and clarifications requested by the Adoption Board.

Appropriate documentation is required for the adoption permission process, for applying for a residence permit for the child and for entering the child in the Population Register at the Local Register Office (assuming that an adoption permission has been granted). Documents in foreign languages shall be provided with an authorised translation into Finnish, Swedish or English. The applicant may be required to travel to the country of origin to rectify any inadequately legalised documents.

The applicant himself/herself is responsible for acquiring all the required documents, for having them translated and legalised, and for paying all costs thereby incurred. The applicant shall also be liable for the costs of any other investigations that may be required (e.g. DNA tests).

In order for a document issued by a foreign authority to have legal validity in Finland, it must be legalised. Legalisation of a document is a procedure that safeguards the legal rights of the parties concerned and ensures administrative reliability, i.e. it confirms that the party issuing the document is authorised to issue such a document pursuant to the legislation of the country in question.

Legalisation may be performed in one of two ways, depending on whether the country in question is a signatory to the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents of 1961 (the Apostille Convention).

1. If a document was issued in a state party to the Apostille Convention, its legality may be confirmed with an apostille certificate issued by the competent authority in that country. An apostille certificate confirms that the signature on the document, the official position of the signatory and, if necessary, the seal or stamp on the document are legally valid.
2. In non-apostille countries, documents must be legalised by the foreign ministry of the country in question, after which the competent Finnish mission in that country must legalise the document by attaching a certificate verifying that the foreign ministry official in question is authorised to issue such a legalisation. If there is no Finnish mission in the country in question, and the country in question does not belong to the domain of any Finnish mission, it may be possible in some cases to legalise documents at the mission of another Nordic country (except Norway).

Because forged documents are common in western Africa, the authenticity of any document from that region must be confirmed before it can be legalised. The applicant is responsible for verifying the authenticity of any document and is therefore required to deliver the document to a law firm monitored by the Finnish mission and by the Ministry for Foreign Affairs to have the authenticity of the document verified. The applicant is also liable for the costs of verifying authenticity. Because not all Nordic countries require a certificate of authenticity for documents from the region of western Africa, it is not possible to legalise documents from that region destined for Finland at the mission of another Nordic country.

• Further information on the legalisation of documents in various countries is available on the website of the Ministry for Foreign Affairs.
• For further information on legalisation and verification procedures for western African documents, please visit the website of the Finnish Embassy in Abuja.

All documents must be submitted in Finnish, Swedish or English. For documents in any other language, an authorised translation must be provided. Authorised translators in Finland can be found through the online service of the National Agency for Education. For any documents that have been translated abroad, the translation must also be legalised.