Monika Wiśniewska on child adoption by a 50-year-old for Interwencja

50-year-old Edyta from Wrocław, who has been serving as a non-professional foster family for two-year-old Michalinka, applied to adopt the child after two years of care and upbringing. However, her application did not receive a positive opinion from the adoption center, which argued that the decision to adopt was primarily motivated by the need to be loved and the desire to have a child. Mrs. Edyta lost the legal battle for adoption. The court justified its ruling by citing the child’s best interests and the age of the applicant.

According to our expert

This case was commented on in an article for Interwencja by Monika Wiśniewska, an advocare in the Family Law Department at Sadkowski and Partners.

Our expert states: “This lady has devoted the last two years, practically from the beginning of this child’s life, to taking care of her. So what own needs are being referred to? It is also very important to note that Mrs. Edyta is a foster family for this child. And foster families generally have a priority right to adopt the children they care for. Therefore, this situation is completely incomprehensible to me.”

Monika Wiśniewska also adds that the legislator does not specify an age limit for adopting a child. Moreover, in a 2003 ruling, the Supreme Court assessed that even a 50-year age difference between the adopter and the adoptee may be appropriate if other factors are suitable for the child.

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