Adoption Law Amendment Act 2013 - 2013 Adräg

Original Language Title: Adoptionsrechts-Änderungsgesetz 2013 – AdRÄG 2013

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_179/BGBLA_2013_I_179.html

179. Federal law that modifies the General civil law code and the registered partnership Act (adoption law amendment Act 2013 - AdRÄG 2013)

The National Council has decided:

Article 1

Change of the General Civil Code

The General Civil Code, DL No. 946/1811, as last amended by Federal Law Gazette I no. 50/2013, is amended as follows:

1. in paragraph 197 the para 2 to 4 are:

"(2) if the adopted child is adopted by spouses as parents choice, so you not only go out existing family law relationships between the biological parents and their relatives on the one hand and the adopted child and his underage at the time of the effect of the adoption of progeny on the other hand at this time with the exceptions specified in section 198 in the relationship itself (§ 40).

(3) the adopted child assumed only by a choice father (a mother of choice), so the family relationships go out according with the provisions of paragraph 2 to the biological father (to the mother) and its (their) relatives. Not repressed biological parent over the Court has to pronounce the void if it agrees. Lapse acts from the time of the consent Declaration, but not before the date of effect of the adoption of.

(4) a spouse, a partner or a partner adopts the child of his spouse, registered partner or life partner, so the family relationships go out pursuant to paragraph 2 only to the other parent and whose relatives."

2. in paragraph 199, para 2 and 3 are:

"(2) if the assets of choice a child in the second line of death the choice parents and their descendants on the one hand do the birth parents and their descendants on the other hand.

(3) has been adopted only by a person the adopted child and both this person or their descendants as the not repressed part of biological parents or whose descendants are present, so discount - regardless of any lapse of family relations falls according to article 197, paragraph 3 second sentence - half on the root of the adopted person and not repressed biological parent."

3. § 201 para 1 No. 3 is: "3. on request of the child's choice, if the repeal serves the benefit of choosing a child after dissolution or annulment of choice their parents or of the birth parent with the parents part of the election or after the dissolution or annulment of the registered partnership of the birth parent with the parents part of the election or after the death of his father's choice (the mother of choice) and not a justified concern of (the) affected by repealing" ", if already deceased choice father (mother of choice) is contrary to;"

4. § 1503 the following paragraph 3 is added to:

"(3) paragraphs 197, 199 and 201 as amended by the adoption law amendment Act 2013, Federal Law Gazette I no. 179/2013, with 1 August 2013 into force." You are in this version also on assumptions on child rather than to apply where a written contract was signed before July 31, 2013."

Article 2

Change of the registered partnership Act

The registered partnership Act, Federal Law Gazette I no 135/2009, as last amended by Federal Law Gazette I no. 29/2010, is amended as follows:

1. in article 8, paragraph 4, the word "Children" is replaced by the word 'Choice children'.

2. in article 43, paragraph 1 z 26 the point replaced with a semi-colon and following Z 27 added: "27 the relevant, relating to the children marriage - and adoption regulations, which govern the design of separation as well as the requirements and consequences of the dissolution or divorce."

3. in article 45, receives the sales designation (1) the existing text and the following paragraph 2 is added:

"(2) §§ 8 and 43 as amended by the adoption law amendment Act 2013, Federal Law Gazette I no. 179/2013, with 1 August 2013 into force."

Fischer

Faymann