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In Germany, an adoption can only be mediated by certain organisations, such as youth welfare offices Jugendamt or recognised adoption agencies. As a general rule, only married couples can adopt a child in Germany. In exceptional cases, single people can also adopt a child.

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As a rule, a married couple can only adopt a child together. This means that both marriage partners must be prepared to look after the child. You must give your consent. A married couple or a single person can only adopt a child if the biological parents have given their consent. If you decide to have your child adopted, you should contact an adoption agency before your child is born. The adoption agency will also tell you what help is available to you. Adoption is permanent. Normally, adoption cannot be undone. If your child is adopted, you are legally no longer related to the child.

You no longer have parental responsibilities for the child. In addition to this, you are no longer entitled to see or look after the child. This is important in order that the child can develop well without the new parent and child relationship in the adoptive family being hindered. However, you do receive a description of the adoptive parents' living conditions.

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This does not include the name and address of the adoptive parents. If you want to adopt a child or put your child up for adoption, you are entitled in Germany to be advised on the subject. Youth welfare offices Jugendamt and recognised adoption agencies have specially trained advisers who can help you with your decision.

The adoption agency will also assess whether or not a couple is suitable to adopt a child. If the adoption agency decides that you can adopt a child, you will firstly take the child "into care" for some time. This entails the child living with you in your home. You may adopt the child only after this probationary period.

Germany and more than 60 other countries have specific child protection laws in place regarding international adoption. The statutory instrument within the meaning of sentence 1 may determine in particular as follows:. Point in time, classification and form of the reports in keeping with section 2a, sub-section 5, sentence 1, Nos. Requirements on the personal and functional suitability of the staff employed by an adoption placement office sections 3 and 4, sub-section 1, sentence 1, No.

Requirements on the method of working and the financial situation of the legal entity of the adoption placement office section 4, sub-section 1, sentence 1, No. Special requirements on the approval for international adoption placement section 4, sub-section 2 ;. Filing of an application and the evidence to be furnished in the proceedings in compliance with section 7, sub-section 4;.

Point in time and form of information of the adopting party on the services of adoption consultation in keeping with section 9, sub-section 1. The chargeable circumstances and the fee rates shall have to be determined in the process; the total fee of Euro 2, shall not be exceeded for an individual case of placement. As long as the German Federal Ministry for Family Affairs, Senior Citizens, Women and Youth has not availed itself of the authorisation in keeping with sub-section 1, sentence 1 in combination with sentence 2, this right may be exercised by the government of a Land; the government of the Land may transfer this authorisation to the highest Land authority by statutory instrument.


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The regulations on legal international assistance shall remain unaffected. The request shall state for which purpose the data are required. The Federal Central Office shall check only whether the transmittal request is within the framework of the tasks of the requesting body, unless there is a special cause for the verification of the permissibility of the transmittal. The information shall not be required, if it is safe on expiry of the deadline that the child is placed in adoptive care. They shall keep each other informed about the latest status of their efforts.

In individual cases, the central adoption office shall carry out the placement of a child itself. Documents of the type mentioned in article 16 of the Adoption Convention shall be presented to the central adoption office for verification. Without prejudice to the responsibilities of the youth welfare office, the central adoption office of the Land youth welfare office in co-operation with the office competent for the supervision of the institution, in which children live who come into question for adoption, shall carry out the investigations.

For this purpose the said may cause or carry out the substantive investigations and examinations of the institutionalised children. The fundamental right of the inviolability of the home article 13, section 1 of the German Basic Law shall be restricted in this respect. In case of children in the district of the central adoption office of another youth welfare office, the said shall have to be informed.

Section 46, sub-section 1, sentence 2 of the Eighth Book of the German Code of Social Law shall apply mutatis mutandis. In order to meet its tasks the central adoption office shall have available at least one paediatrician or child psychiatrist, a psychologist with experience in the field of child psychology and a legal expert as well as a social education work or social work with several years of professional experience. The placement of a surrogate mother shall be considered the union of persons who want to adopt or permanently care in another way for a child produced by surrogate motherhood ordering parents with a woman, who is prepared to accept surrogate motherhood.

Placement of a surrogate mother shall also be considered the evidence of a potential agreement described in section 13a. It shall be prohibited to seek or offer surrogate mothers or ordering parents by public statement, in particular by advertisements in newspapers or in newspaper reports. If the offender acts on a commercial basis, this act shall be under a penalty of imprisonment of up to three years or by a fine.

This authorisation shall cease, if a recognition is not applied for again by 31 December or, in case of application in due time, when the non-appealability of the decision on the application becomes final. Section 4, sub-section 2, sentence 2 of this Act as well as section 1, sub-section 3 of the Adoption Convention Implementation Law shall remain unaffected. After the date of the entry into force of a modification of this Act, the further procedures of a placement commenced prior to the modification coming into force shall be based on the modified regulations, unless something to the contrary has been stipulated.

The above translation was published by the Generalbundesanwalt beim Bundesgerichtshof. Reproduced with kind permission. The contents of this page may be downloaded and printed out in single copies for individual use only. Making multiple copies without permission is prohibited. Your email address will not be published. German Law Archive. Search Search. Section 2 — Adoption placement offices 1 The youth welfare office and the Land youth welfare office is responsible for adoption placement. Section 2a — International adoption placement 1 The stipulations of this Act on international adoption placement shall be applied in all cases, in which the child or the adoption applicants have their habitual residence outside of Germany or in which the child has been brought into Germany within two years prior to the placement.

Section 3 — Personal and functional competence of the staff members 1 Specialists only may be entrusted with adoption placements, who on account of their personality, their training and the professional experience are suitable.

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Section 4 — Recognition as an adoption placement office 1 The recognition as an adoption placement office within the meaning of section 2, sub-section 2 can be gained, if the evidence is furnished that the office 1. The adoption placement shall not be the object of a taxable economic enterprise. Provided it is required for this purpose, 1.

Section 5 — Bans on placement 1 The youth welfare offices and Land youth welfare offices authorised in keeping with section 2, sub-section 1 and the offices authorised in keeping with section 2, sub-section 2 only shall be permitted to place adoptions; others shall be prohibited from placing adoptions. Section 6 — Adoption advertisements 1 It shall be prohibited to search or offer children for adoption or adoption applicants by public statement, in particular by newspaper advertisements or newspaper reports.

This shall not apply, if 1. Section 5 shall remain unaffected.

This recipient may be as follows: 1. Section 8 — Beginning of the adoptive care In order to get used to the adoption applicants, the child may be placed in care with the adoption applicants adoptive care , if it is certain that the adoption applicants are suitable for the adoption of the child. Section 9a — Local adoption placement office The youth welfare offices shall have to ensure the performance of the tasks in keeping with sections 7 and 9 in their respective area. Section 9b — Placement files 1 Records and documents on each individual case of placement placement files shall be kept for sixty years reckoned from the date of birth of the child.

Section 9c — Implementing regulations 1 Acting in agreement with the German Federal Ministry of Justice, the German Federal Ministry for Family Affairs, Senior Citizens, Women and Youth shall be authorised to determine by statutory instrument with the approval of the German Upper House of Parliament Bundesrat the details of the recognition and the supervision of adoption placement offices in keeping with section 2, sub-section 2 and the sections 3 and 4, the co-operation in the field of international adoption placement in keeping with section 2a, sub-sections 4 and 5, the relevant investigations in keeping with section 7, sub-section 1, the suitability test in keeping with section 7, sub-section 3, the attestation in keeping with section 7, sub-section 4, the adoption consultation in keeping with section 9 and the granting of file inspection in keeping with section 9b as well as the principles to be observed by the adoption placement offices.

The statutory instrument within the meaning of sentence 1 may determine in particular as follows: 1. Special requirements on the approval for international adoption placement section 4, sub-section 2 ; 5. Filing of an application and the evidence to be furnished in the proceedings in compliance with section 7, sub-section 4; 6.