Adoption Law Amendment Act 2013 - 2013 Adräg

Original Language Title: Adoptionsrechts-Änderungsgesetz 2013 – AdRÄG 2013

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179. Federal Law, with which the General Civil Code and the Registered Partnership Law are amended (Adoptionsrechts-Amendment Act 2013-AdRÄG 2013)

The National Council has decided:

Article 1

Amendment of the General Civil Code

The General Civil Code, JGS No. 946/1811, as last amended by the Federal Law BGBl. I No 50/2013, shall be amended as follows:

1. In § 197, the para. 2 to 4 shall read:

" (2) If the electoral child is accepted by spouses as elective parents, the family-law relationships between the biological parents and their parents, which are not merely established in the relationship of themselves (§ 40), shall be extinguishable by the exceptions specified in § 198. Relatives, on the one hand, and the child, and, on the other hand, at the time when the adoption of minor offspring is effective, at this point in time.

(3) If the election child is only accepted by an elective father, the family-law relations shall be extinguishable in accordance with the conditions laid down in paragraph 2 to the biological father (to the birth mother) and to his/her relatives. In relation to the non-repressed physical parent, the court has to pronounce the deletion if it agrees to it. The extinguisher shall be effective from the date of the submission of the declaration of consent, but at the earliest from the date of the date of the acceptance of the acceptance.

(4) If a spouse, a registered partner or a partner in the life of his/her spouse, registered partner or partner in the life of his/her spouse, the family legal relationship shall, in accordance with the provisions of paragraph 2, delete only the other parent. and to its relatives. "

2. In § 199, para. 2 and 3 are:

" (2) In the case of the legal succession to the property of the elective child in the second line, the electors and their descendants on the one hand present the birth parents and their descendants on the other hand.

(3) If the election child has been accepted only by one person and both this person or their offspring and the non-repressed physical parent or his offspring are present, the estate shall be deemed to be the case-irrespective of any Erasure of the family-legal relationships according to § 197 para. 3 second sentence-half to half on the tribe of the accepting person and of the non-repressed physical parent. "

3. § 201 (1) Z 3 reads:

" 3.

at the request of the electoral child, if the annulment after the dissolution or annulment of the marriage of the elective parents or of the physical parent with the electoral parent or after the dissolution or annulment of the registered partnership of the glut Parent with the electoral parent or after the death of the election father (of the electoral mother) serves the benefit of the electoral child and not a justified concern of the (the) affected by the repeal, albeit already deceased, election vats (electoral mother) contradicts; "

§ 1503 the following paragraph 3 is added:

" (3) § § 197, 199 and 201 in the version of the Adoptionsrechts-amending Act 2013, BGBl. I No 179/2013, enter into force on 1 August 2013. In this version, they shall also apply to assumptions made to children in respect of which the written contract was concluded before 31 July 2013. "

Article 2

Amendment of the Registered Partnership Law

The Registered Partnership Law, BGBl. I n ° 135/2009, as last amended by the Federal Law BGBl. I n ° 29/2010, is amended as follows:

1. In § 8 (4), the word "Children" by the word "Election Children" replaced.

2. In Section 43 (1), in Z 26 the point shall be replaced by a line-point and the following Z 27 shall be added:

" 27.

the respective marriage and child-law provisions relating to the common children, which govern the organisation of the marital life community and the conditions and consequences of the dissolution or divorce of marriage. "

3. In § 45, the previous text receives the sales designation "(1)" and the following paragraph 2 is added:

" (2) § § 8 and 43 in the version of the Adoptionsrechts-amending Act 2013, BGBl. I N ° 179/2013, enter into force on 1 August 2013. "

Fischer

Faymann