The fundamental prerequisite for adopting a child is the fulfillment of the child's adoptability.
The Civil Code sets the parents' consent to adoption as a fundamental condition. Accordingly, the parents consent to the child's adoption on the record before the court.
In practice, situations may arise where, for example, the parents are unknown, have died, show no interest in the child, or have been deprived of their parental responsibility. In these cases, it is not necessary for the parents themselves to give consent, but the consent of the parents must be replaced by the consent of the entitled person (guardian or tutor).
The child to be adopted must also consent to the adoption. Children over 12 years of age must consent in person on the record before the court. For children under 12 years of age, consent is given by a guardian appointed for that purpose by the court. However, younger children must also be made aware of the situation, and their opinion must be sought appropriately.