STOISITS: CITIZENSHIP

In the 13 February broadcast Ombudswoman Stoisits dealt with two very different cases which nonetheless have the same background: Adoption and the problems when it comes to obtaining Austrian citizenship.

In 2000 Mr. and Mrs. W. adopted a boy. Up to this point the municipality of Liezen in Styria had taken custody of the child. The adoption contract stated that the child was an Austrian citizen which is why local authorities issued a proof of citizenship, a birth certificate and a passport for the child. When Mr. W. died his wife and son moved to Vienna . Years later they learned from the Viennese authorities that the biological mother of the child was a foreign citizen. The boy had therefore never rightfully obtained Austrian citizenship. Mrs. W. had to hand back all documents and re-apply for Austrian citizenship.

The incorrect information in the adoption contract has had severe consequences. During the adoption process Styrian authorities had always assumed that the child held an Austrian citizenship. Viennese authorities contacted Mrs. W. as soon as they became aware of the situation. In this case a solution could be found: Mrs. W. has already obtained a residence permit for her son, obtaining Austrian citizenship will just be a mere formality.

The second case dealt with Mr. and Mrs. R. who adopted a German boy. They had to manage several bureaucratic obstacles until their son could finally obtain Austrian citizenship. Filing an application for Austrian citizenship at the Provincial Government of Salzburg was followed by the annulment of their son’s former German citizenship. The parents were not only shocked that procedures took 16 months they also complained about how Austrian authorities treated them in general. The Federal Ministry of the Interior assured that authorities in question handled this particular case in the briefest possible period of time. Only 4 months passed from the moment the parents filed the application to the moment that the certificate was issued.

Ombudswoman Stoisits stressed that adoption processes were time-consuming and complex. Procedures to obtain Austrian citizenship for the adopted child are an additional burden for the parents. Ombudswoman Stoisits therefore repeated her long-standing request for a new regulation that would follow the example of other European countries. Children who are adopted by Austrian citizens should automatically have the right to obtain Austrian citizenship.