Adopting a child

Beneficiary and duration

When two spouses adopt a child who has not yet reached 12 years of age, the adopting parent - whether he or she is employed or self-employed - has the right to an adoption leave of 12 weeks, provided that he or she has been a member of the health insurance scheme for a mandatory qualifying period of at least six of the twelve months prior to the anticipated adoption leave.

If both parents are entitled to adoption leave, they must designate by common agreement the one who will request the adoption leave.

If the adoption leave has been requested and granted to one parent, the other parent may no longer request it.

Formalities

A certificate issued by the tribunal showing that adoption proceedings have been initiated (request for adoption) or alternatively, the agreement from the Ministry of Family Affairs that proceedings may take place, must be submitted.

The parent requesting the adoption leave must attach their contact details as well as the beginning date of the adoption leave to their request.

Self employed parents receive a form" declaration of honour" by the CNS which has to be returned duly filled out and signed.  Through this  form the claimant declares interrupting their professional activity during their adoption leave and provides the date

Terms of payment

For both salaried and non-salaried workers, the level of adoption leave allowance corresponds to that applicable in the case of sickness or accident.

The monthly allowance is not to exceed the current minimum wage (used for this purpose as a benchmark) by more than a factor of five.

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