Notice Of Adoption

Original Language Title: Bekendtgørelse om adoption

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=127299

Overview (table of contents) Chapter 1 scope etc.

Chapter 2 application for adoption, etc.

Chapter 3 Adoption proceedings

Chapter 4 the consent of parents or guardian

Chapter 5 submission of declaration about adoption

Chapter 6 the consent of the child and information about the child's attitude towards adoption

Chapter 7 Adoption without consent (forced adoption)

Chapter 8 residence permit for foreign children for adoption, as well as Danish citizenship

Chapter 9 Authorization making out

Chapter 10 changing the older adoptioners effects

Chapter 11 Complaint, etc.

Chapter 12 Effective provisions, etc., The full text of the Decree of adoption

Pursuant to sections 25 and 29 (b), paragraph 2, of the law on adoption, see. lovbekendtgørelse nr. 905 of 28. September 2009, fixed:

Chapter 1

Scope, etc.

The scope of the

§ 1. The rules of this order shall apply to the State administrations treatment of cases of adoption, unless otherwise provided for below.

Definitions

§ 2. In this notice, the term:

1) Stedbarns adoption: An adoption in which the applicant adopts his or her spouse or registered partner's child or foster child of the basic regulation. Adoption Act section 5 (a) and the law on registered partnership § 4 (1), (2). PT.

2) Family adoption:

(a) An adoption in which the applicant adopts) a grandchild, sibling, child or sibling

(b) an adoption of a child) by parents, by the applicant through close and prolonged acquaintance is particularly attached, and the child is under 18 years of age, or

(c) an adoption of a child), which the applicant has a special relationship with, see. Adoption Act section 4 (a), paragraph 2, (typically care child's adoption).

3) foreign adoption: An adoption in which the applicant adopts a child under the age of 18, and where it is a condition of adoption, that the applicant be approved as adopter, see. adoption article 4 a, paragraph 1.

4) National adoption: An adoption in which the applicant adopts a child residing in this country.

5) International adoption: An adoption in which the applicant adopts a child who is resident in another country, or a child who has arrived to Denmark for the purpose of adoption.

6) Afgiverland: the country where the child resides.

7) Recipient country: the country where the applicant resides.

Chapter 2

Application for adoption, etc.

Adoption application

§ 3. Application for adoption is submitted to the State administration at the place where the applicant resides, unless otherwise provided for below.

(2). Applicant's prolonged stay abroad in connection with posting or similar, or has the applicant domiciled in another country, see. adoption of the Act section 29, dealt with the application of the State administration for the capital. Department of Family Affairs may, however, authorize another State administration to deal with the case.

§ 4. Applications must be submitted on an approved form, unless the application concerns the drafting of appropriation by foreign adoption.

(2). The application must be attached to the statements, documents, etc., mentioned in the application form.

Translations

§ 5. The applicant for adoption shall upon request provide a translation into Danish of declarations, certificates of judgment, prints, etc., done in languages other than Danish, Norwegian, Swedish, Finnish, Icelandic, English or German. The translation must be certified by a public authority in that country or by a sworn translator or interpreter in that country or in Denmark.

Request for release of child for adoption

§ 6. Comments on the release of a child for national adoption, can be made to the State administration at the place where the child's parents (parent) living or staying.

§ 7. Receive Municipal Council comments on the voluntary release of a child for national adoption, coached the parents about the opportunities, the following social legislation has to receive support if they fail to adopt the child. If the desire away adoption maintained, forwarded the matter as soon as possible, if possible no later than the child's birth, to State administration.

(2). The State Administration supervisor parents in the same manner as referred to in paragraph 1, if the guide is not already given by the Municipal Council.

(3). Maintained the desire away adoption, provides State administration for carrying out the necessary investigations of the child's and parents ' relationship.

§ 8. Comments on the adoption of a child who lives in Denmark, to an applicant residing in another State which has acceded to the Hague Convention of 29. May 1993 on protection of children and cooperation in respect of intercountry adoption, can also happen to the State administration, where the child's parents (parent) living or staying.

(2). The State administration shall submit the matter to the Department of Family Affairs, which is the central authority in relation to the Hague Convention.

Chapter 3

Adoption proceedings

General provisions

§ 9. The State administration obtains consents and statements from the child's parents, legal guardians and the child in accordance with the rules laid down in chapters 4, 5 and 6.

(2). The State administration must ensure that the applicant for adoption, receives or has received advice and information as may be necessary.

§ 10. The State administration shall submit an application for adoption for Family Protection Agency if:

1) consent to the adoption is made to a foreign authority or institution, and in the absence of a foreign adoption decision, recognized in this country after adoption article 28, paragraph 2. In the case of an adoption, with the assistance of one of the pursuant to section 30 of the Act approved adoption intermediary organizations, however, not be presented, the case must be

2) searching for adoption without parental consent, see. Adoption Act § 9, or

3) if the case gives rise to the suspicion of breach of the adoption Act section 31, paragraph 1, (illegal adoption assistance) or § 33 (unlawful dissemination of surrogate moderskab), or

4) case, incidentally, giving rise thereto.

§ 11. The State administration for forwarding information to adoptionsnævnet proceedings, when a child is released to national foreign adoption, with or without the consent of the parents. This does not apply if consent for adoption is given with a view to the adoption of a specific candidate, since in this case only dealt with the matter in the State administration.

Foreign adoption

§ 12. The State administration obtains a complete criminal record of applicants with an abstract authentication, see. the approval of the Executive order on section 2 (1) (8). 2 immediately before the child is handed over to the applicants. The State administration obtains a complete criminal record of applicants with a specific authentication, see. the approval of the Executive order on section 2 (1) (8). 1, immediately before the appropriation shall be made.

Family adoption

§ 13. Application is made for national family adoption, obtains the State administration at the Municipal Council a statement whether the applicant in accordance with the rules that apply on the care authorization, satisfy the conditions for having a child in care. The local authority must provide information on the studies that form the basis for the Declaration, and whether there have been specific characteristics that make it questionable whether the adoption is beneficial for the child. If so, should the material that has been in place for the Municipal Council, submit the Declaration to the State administration.

(2). In cases where the child to be adopted is aged 18 years, paragraph 1 shall not apply.

§ 14. Application is made for international family adoption, which are covered by the Hague Convention of 29. May 1993 on protection of children and cooperation in respect of intercountry adoption, and finds the State administration on the basis of the available information, that the adoption can be assumed to be for the benefit of the child, sends the State administration for the application to the authority which has been designated as the central authority in afgiverlandet or other relevant authority. The application must be accompanied by a report on adoption applicant and a reasoned statement from the State administration of the applicant on the basis of the available information must be regarded as suitable to adopt the child.

(2). Find the State administration on the basis of the information received about the child from afgiverlandet that an adoption can take place, the State administration for declaration in accordance with article 17 of the Convention c and send this to afgiverlandets central authority or the authority, as delegated by the central authority to receive/submit article 17 (c) of the Declaration, and shall ensure that the afgiverlandet also sends an article 17 c-Declaration to the State administration. Statement following the 1. point given at an approved form.

(3). Application is made for international family adoption, which are not covered by the Hague Convention, the State administration to ensure that the authorities of afgiverlandet involved in the adoption, if afgiverlandets legislation requires that this happens.

(4). The State administration can in the paragraphs 2 and 3, those situations require the applicant to register an intermediary organisation approved by the Minister of Justice, pursuant to section 30 of the Act, if the adoption legislation in afgiverlandet requires that the application be submitted by such an organisation, or if it is deemed appropriate.

§ 15. The State administration obtains a complete criminal record concerning the applicant immediately before the appropriation shall be made.


(2). If, in the Declaration of the Municipal Council or in the information provided by the State administration to provide in connection with the examination of the case, is information about an applicant's physical or mental health condition, which may give rise to doubts as to whether the adoption is beneficial for the child, can obtain an opinion from the State administration for Adoption the Committee about whether the information makes the candidate adoption concerns.

§ 16. The State administration shall be convened by the applicant for an interview about the adoption and its importance.

(2). It does not however apply if the applicant has already received adequate guidance from another authority.

Stedbarns adoption

§ 17. Authorization to adopt a foster child may only be communicated to the spouse, if the authorization has already drawn up or get attributed to be effective after adoption Act Chapter 2, see. § 39, paragraph 2.

(2). Authorization can be issued, even if the adopters are aged 18 or over.

Chapter 4

Consent of parent or guardian

General provisions

§ 18. The consent of parents or guardian, without prejudice. Adoption Act § 7, must be placed under the personal appearance of the State administration, which has received the application for adoption. The parents or legal representative does not have domicile or residence within the State management area, can the State administration may request another State administration to convene the question to appear in person for the purposes of the giving of consent.

(2). If the parents or legal guardian resides or prolonged stay abroad, can the State administration may request a Danish representation in the country of residence to convene the question to appear in person for the purposes of the giving of consent.

§ 19. Consent for adoption Act § 7 shall be submitted on an approved form.

(2). Before the parents or legal representative shall give its consent, the State administration for advise and inform about adoption and about the effects of the consent, including whether the adoption Act Chapter 2 and 3, and unless there is applied for stedbarns adoption, about § § 9, paragraph 1, and 12. Received the consent of another authority, it is incumbent on this authority to advise and inform as mentioned in 1. PT.

§ 20. Consent to adoption must be unqualified.

Family-and foreign adoption

§ 21. The consent of the parents or legal representative, see. Adoption Act § 7, for the child adopted by a national foreign adoption, may be granted to the child's adoption of the designated for this purpose by the Adoption Board.

§ 22. By an international foreign adoptions, which are mediated through one of the pursuant to section 30 of the Act authorized adoption organizations, where consent is given for a foreign authority or institution, and the absence of a foreign adoption decision, recognized in this country after adoption article 28, paragraph 2, determines the State administration, of consent can be equated with consent given in the face of a Danish authority.

§ 23. The State administration may in proceedings on adoption appoint a lawyer for a child over the age of 3 years, and which is domiciled in this country, without prejudice. adoption section 15 (a). However, this does not by adoption after adoption section 5 (a), or if the adoption is facilitated by an organization authorized to provide adoption assistance after adoption of the Act section 30.

Chapter 5

Submission of declaration about adoption

§ 24. Statement from the parent and legal guardian, without prejudice. Adoption Act §§ 13-14, must be placed on an approved form.

(2). The State administration shall ensure that the parents and the guardian before the issuance of the Declaration have received information about the effects of the adoption, including adoption Act Chapter 2 and 3. The State administration may, if the circumstances so justify, require that the Declaration be made under the personal appearance of the State administration. The parents or legal representative does not have domicile or residence within the State management area, can the State administration may request another State administration to convene the meeting in question with a view to the submission of the Declaration.

(3). If the parents or legal guardian resides or prolonged stay abroad, can the State administration may request a Danish representation in the country of residence to convene the question to appear in person for the purpose of submission of the Declaration.

Chapter 6

The consent of the child and information about the child's attitude towards adoption

§ 25. Consent to adoption pursuant to section 6, paragraph 1, must be placed under the personal appearance of the State administration. The child has no domicile or residence within the State management area, can the State administration may request another State administration to convene a meeting with the child for the purposes of the giving of consent.

(2). Consent shall be delivered in writing or orally after the State Administration's determination in each case. Determines the State administration, to a child's consent to adoption is to be given in writing, used an approved form. Determines the State administration, to a child's consent to be given orally, shall draw up a statement of the State administration, that consent is given.

(3). Before the child gives its consent, the State Administration hold a conversation with the child, under which the child advised and informed of the effects of the adoption and of the child's consent.

(4). Article 18, paragraph 2, and section 22 shall apply mutatis mutandis.

section 26. Consent is not required if the child is under the age of 18, and consent is deemed to be detrimental to the child.

§ 27. The child is under 12 years of age, an indication of its position on a proposed adoption of the basic regulation. Adoption Act, section 6, paragraph 3, shall be provided in a way that is appropriate to the child's age, maturity and circumstances of the case.

(2). The State administration must ensure that the child has received advice and information as referred to in article 25, paragraph 3.

Chapter 7

Adoption without consent (forced adoption)

section 28. Service provisions of the Act on placement outside the home without consent must be met before a case of adoption without consent after adoption article 9, paragraphs 3 and 4, can be initiated.

section 29. In assessing the ability of the parents to take care of the child (parental ability) in an action for adoption without the consent pursuant to the adoption Act § 9, paragraphs 3 and 4, the municipality make a prognosis assessment as a starting point must contain information about their parents ' mental state, their intellectual functional level, level and duration of possible abuse, any physical illnesses as well as earlier undertaken treatment. In addition, the forecast evaluation include information on any other children and their parents ' well-being and contact with parents. For use in prognosis assessment will have to be involved, for example, a special studies from the psychiatrist, psychologist or other relevant professional in order to clarify the relationship of the parents.

(2). Adoption without consent after adoption article 9, paragraphs 3 and 4, may be permitted only if both parents lasting will be unable to take care of the child. This applies also in relation to parents who do not have share in custody. By adoption without consent after adoption article 9, paragraph 3, it is also a condition that none of the parents will be able to play a positive role for the child in connection with togetherness.

section 30. When a case is dealt with in accordance with section 9 of the Act, adoption is terminated, sends the State administration for a summary of the case to the Department of family affairs.

section 31. The State administration shall, at the request of children and young people Committee or Appeal Agency, appoint a lawyer for the child, and offer to appoint a lawyer for the parents and the holder of parental authority, if this is someone other than the parents, as well as the child's potential foster parents, in accordance with the adoption law § 15 a, paragraph 2, when a case of adoption without consent is processed by these authorities. The State administration must also appoint a lawyer for the child, and offer to appoint a lawyer for the parents and the holder of parental authority, if this is someone other than the parents, as well as the child's foster parents, if any, under section 15 a, paragraph 2, when a case on this matter is dealt with in the State administration.

Chapter 8

Residence permit for foreign children for adoption, as well as Danish citizenship

section 32. A child who is not a national of Denmark, Finland, Iceland, Norway or Sweden, shall be brought into this country with a view to the adoption, before the child is granted a residence permit or visa.

(2). The child is born in this country, and was the mother at the time of birth is not a resident here, the child is not without residency must live here for the purpose of adoption, unless the child is a national of Denmark, Finland, Iceland, Norway or Sweden.

section 33. A foreign child under 12 years of age, who is adopted by a Danish adoption authorization, will be Danish citizen by adoption, if the child up for adoption by a married couple, where at least one of the spouses is a Danish citizen, or by an unmarried Danish citizen.

(2). If the child does not become a Danish citizen in accordance with paragraph 1 but granted Danish citizenship is desired, sent a copy of the Danish adoption appropriation or of the foreign adoption decision as well as confirmation that this is recognised in this country to the naturalization Office, Ministry of refugee, immigration and Integration Affairs, together with the following documents:

1 adopters) written confirmation of application for Danish citizenship,

2) if the child is filled 12 years, a statement from the child to the effect that it would Danish citizenship,


3) if the child is at least 15 years, a written confirmation that the child and adoptive parents are aware of the fact that there will be obtained information in criminal records relating to the child,

4) if the child is under 12 years of age and posses a certain maturity, information on its approach to the issue of the acquisition of Danish nationality,

5) copy of child's passport or travel document,

6) documentation for adopters citizenship (copy of passport),

7) copy of marriage certificate in cases where the adoptee and the original parent or adoptive parents have entered into marriage abroad.

Chapter 9

Its preparation

§ 34. The State administration shall complete the adoption authorization on an approved form. A copy of the authorization must be kept by the State administration in the case file.

(2). In adoption authorization can be considered the child's name. The rules of the personal names Act shall apply.

(3). When the State administration must provide authorization for adoption, which is covered by the Hague Convention of 29. May 1993 on protection of children and cooperation in respect of intercountry adoption, the State administration in connection with the completion of adoption authorization certifying that the adoption is in conformity with the Convention, in accordance with article 3. Article 23 of the Convention. The certificate shall be drawn up in an approved form and handed over to the adoptee.

section 35. If the adoption is carried out by a foreign adoption decision, recognized in this country, without prejudice. Adoption Act section 28, paragraph 2, shall be drawn up not adoption appropriation, but the State administration confirms in writing that the foreign adoption decision is recognised in this country.

§ 36. If the child at adoption gets Danish citizenship, see. section 33, paragraph 1, must be disclosed in the authorization or confirmation under section 35.

section 37. The State administration must send notification of adoption to:

1 driver in the child's country of residence certificates) parish,

2) the rule of the master, if the child's birth recorded or named in the South Jutland regions, and

3) the population register in the municipality in which the child resides.

(2). In addition, as the case may be sent notification to:

1) persons from whom consent or statement obtained pursuant to the adoption Act §§ 5-7 and 13-14, unless the person concerned lives in marriage with the applicant, or in the case of a foreign stranger adoption or consent is granted to the child's adoption of the one appointed by the Adoption Board.

2) the organization that facilitated the adoption.

3) The authority, which granted the residence permit for the child.

4) The municipality that granted the care authorization.

5) adoptionsnævnet, if approval is granted by the Tribunal as adopter.

(3). The message to the rule of the driver, see. (1). 1 and 2, please attach photocopy of birth-adopters and birth certificates/birth-names and certificates and marriage license.

section 38. There have been provided for contributions to the child's adoption before subsistence, must the State administration, which has made out adoption authorization, ensure that the contributions the resolution bear endorsement for adoption and that the contribution requirement has lapsed.

§ 39. The State administration shall inform the Agency about the Family drew up appropriations and on foreign adoption adoption decisions, which are recognised in accordance with the adoption law section 28 (2).

Chapter 10

Modification of older adoptioners effects

§ 40. Application for adoption § 39, paragraph 2, shall be submitted by an adopter, and sent to the Department of family affairs through the State administration at the place where the adoptee resides is not domiciled here in the adoptee has the country, sent the application to the Department of family affairs.

§ 41. The application must be signed by the applicant personally and include a statement as to whether the connection between the child and its real parents are preserved after the adoption.

(2). Together with the application are submitted:

1) the original of the authorization or, if the adoption is lost and not drawn up by the Ministry of Justice, a certified copy,

2) if the link between the child and its original parent are retained after adoption, a statement from the parents,

3) consent from the child,

4) if one of the adoptive parents is dead, death certificate, probate or printout of the death verdict or the death formodningsdom, and

5) if one of the child's original parents is dead, and the connection between the child and the parents are preserved after the adoption, death certificate, probate or printout of the death verdict or the death formodningsdom.

Chapter 11

Complaint, etc.

§ 42. Complaint against the State Administration's decisions are heard by Family Agency, see. However, paragraph 2. Complaint shall be submitted to the State administration, which has taken the decision. The State administration shall forward the complaint and the documents in the case to the Department of family affairs.

(2). Complaint against the State Administration's decisions about adoption without consent pursuant to section 9 of the Act of adoption are dealt with by the courts. The complaint shall be submitted to the State administration, which has taken the decision. The State administration shall bring the matter before the Court of Justice.

section 43. The State administration may resume the processing of a decision the appeal was lodged to the Department of Family Affairs, if

1) complaint contains an application which State Administration has not taken a position,

2) complaint contains significant new information,

3) there is significant information, such as the State Administration has not taken a position, or

4) committed procedural errors that may have a bearing on the decision.

(2). The complainant may appeal the State Administration's decision to reopen the case to the Department of family affairs.

Chapter 12

Entry-into-force provisions, etc.

§ 44. The notice shall enter into force on the 1. October 2009.

(2). Executive Order No. 1366 by 12. December 2006 for adoption shall be repealed.
The Ministry of Justice, the 28. September 2009 Brian M/Trine Heath