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Notice Of Adoption

Original Language Title: Bekendtgørelse om adoption

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Table of Contents

Chapter 1 Scope and so on

Chapter 2 Application for adoption, etc.

Chapter 3 Treatment of the adoption process

Chapter 4 Coverty from parents or guardian

Chapter 5 Declaration on adoption of a declaration

Chapter 6 Collect from the child and information on the child's position on the adoption

Chapter 7 Adoption without consent (forced adoption)

Chapter 8 Permission to be granted to foreign children for adoption, as well as Danish intake

Chapter 9 Proficiency of the Grant

Chapter 10 Amendment of the legal effects of older adoptions

Chapter 11 Crow and other things.

Chapter 12 Entry into force and so on.

Publication of adoption

In accordance with sections 25 and 29 b (b), 2, in accordance with the law of adoption, cf. Law Order no. 905 of 28. September 2009, shall be determined :

Chapter 1

Scope and so on

Scope of application

§ 1. The rules of this notice shall apply to the state management of cases of adoption of cases of adoption, unless otherwise specified below.

Definitions

§ 2. For the purposes of this notice :

1) Site Childchild Adoption : adoption where the applicant adopts the child or registered partner's child or adoptive child, cf. Article 5 (a) and the Law on registered partnership section 4 (4), ONE, TWO. Act.

2) Family option :

a) An adoption where the applicant adopts a grandson, sister-sibling child or siblings,

b) the adoption of a child of parents by the applicant through close and long-term relationship is particularly attached to, and the child is under 18, or

c) the adoption of a child to whom the applicant has a special affinity, cf. Article 4 (a) (a), 2, (typical foster childhood adoption).

3) Foreign adoption : An adoption in which the applicant adopts a child under the age of 18, and where it is a condition for the adoption that the applicant is approved as an adoptant, cf. Article 4 (a) (a), 1.

4) National adoption : an adoption in which the applicant adopts a child resident here in the country.

5) International adoption : A adoption in which the applicant adopts a child resident in another country or a child who has arrived at Denmark for adoption.

6) Afgiverland The country where the child is domiciled.

7) Recipient Country : The country where the applicant is domiciled.

Chapter 2

Application for adoption, etc.

Adopted application

§ 3. The application for adoption shall be submitted to the State administration in the place where the applicant lives, unless otherwise specified below.

Paragraph 2. Where the applicant has long-stay abroad in connection with posting or similar, or has the applicant domiciled in another country, cf. Section 29 of adoption of the adoption of the State administration shall be treated as the capital of the State. However, the family management authority may, however, possess another state administration to deal with the matter.

§ 4. The application shall be submitted on an approved form, unless the application relates to the granting of an authorization for foreign adoptions.

Paragraph 2. The application must be attached to the declarations, documents, etc., as mentioned in the application form.

Translations

§ 5. The applicant for adoption shall, upon request, provide for translation into the Danish language of declarations, certificates, judges, etc., drawn up in languages other than Danish, Norwegian, Swedish, Finnish, Icelandic, English or German. The translation must be affirmed by a public authority in the country or by an authorised translator or interpreter in the country or in Denmark.

Request for the release of child to adoption

§ 6. The intention of releasing a child into national adoptions may take place in the place of State administration in the place where the parent ' s parents (parent) are resident or staying.

§ 7. Recipients of voluntary release of a child into national adoptions, the parents of the parents of the possibilities they have in mind, if they fail to give the child up for adoption, are weighed down by the parents of the social legislation which they have. If the adoption of the adoption of the adoption is maintained, it shall be forwarded as soon as possible, if possible at the latest by the birth of the child, to the state administration

Paragraph 2. The administration shall guide the parents in the same way as referred to in paragraph 1. 1, whose guidance has not already been provided by the local authority.

Paragraph 3. Maintaining the desire for adoption, the state administration shall ensure that the necessary investigations into the conditions of the child and the parents are carried out.

§ 8. A call for the adoption of a child living in Denmark, to an applicant residence in another State which has acceded to the Hague Convention of 29. In May 1993 on the protection of children and cooperation with regard to international adoptions, can also take place in the state administration, where the parent's parents (parent) are resident or staying.

Paragraph 2. The State Department shall submit the case to the Agency for the Agency for the Management Board, which is the central authority in relation to the Hague Convention.

Chapter 3

Treatment of the adoption process

General provisions

§ 9. The administration shall obtain consent and the consent of the child's parents, guardian and child in accordance with the rules laid down in Chapters 4, 5 and 6.

Paragraph 2. The State administration shall ensure that the person applying for adoption receives or received advice and information as necessary.

§ 10. The State Department shall submit an application for adoption of the Family Management Board where :

1) consent to adoption has been issued to a foreign authority or institution, and there is no foreign adoption decision recognised in this country in accordance with Article 28 (3) of the adoption. However, if there is an adoption with the assistance of one of the intermediaries approved by the adoption agency, the case shall not be submitted,

2) they are looking for adoption without parental consent, cf. Article 9, or

3) on the grounds of suspicion of violation of the section 31 (1) of the adoption of Article 31 (1). 1, (illegal adoption aid) or section 33 (illegal dissemination of surrogate maternity), or

4) The matter is also the reason for this.

§ 11. The State administration shall forward the information to the Board of Adoption when a child is released into national foreign adoption with or without the consent of the parents. This does not apply where the consent of the adoption of the adoption is given for adoption to a specific applicant, because the case in such cases alone is dealt with in the administration of the State.

Foreign adoption

§ 12. The State Department shall obtain a full record of applicants with an abstract approval, cf. section 2 (2) of the approval notification. 1, no. Two, immediately before the child is transferred to the applicants. The State administration shall obtain a full record of applicants with a specific approval, cf. section 2 (2) of the approval notification. 1, no. 1, immediately prior to authorization, shall be made out.

Family Exercise

§ 13. If a national family adoption is requested, the State Department shall submit to the municipality board a statement of whether or not the applicant complies with the conditions for having a child in care in accordance with the rules applicable to the care of the person concerned. The local authority must inform the authorities of the investigations which are based on the declaration and whether special conditions have been laid down which make it questionable whether adoption is beneficial to the child. If so, the material that has been available to the municipality shall be sent to the Government of the Administrative Board.

Paragraph 2. In those cases where the child who is adopted is 18 years old, the first paragraph of this paragraph shall be found. Paragraph 1 shall not apply.

§ 14. Appeal for international family adoption, which is covered by the Hague Convention of 29. In May 1993 on the protection of children and cooperation with regard to international adoptions, and to find the state administration on the basis of the information available, the adoption may be considered to be of benefit to the child, sending State administration, the application to the authority which has been designated as a central authority of the country or other relevant authority. The application shall be accompanied by a report on the applicant and a reasoned expression of the state administration that, on the basis of the information available, the applicant may be deemed appropriate to adopt the child.

Paragraph 2. Where, in the light of the information received on the child from the country of origin, the state administration shall be issued in accordance with Article 17 c of the Convention and shall forward it to the country of origin in accordance with Article 17 of the Convention and shall forward it to the country of the country ; by central authority or the authority to which the central authority has the authority to grant Article 17 c-declaration and ensure that the country of the country shall also send an Article 17 c declaration to the state administration. Statement by 1. Act. be issued on an approved form.

Paragraph 3. In the case of international family adoption not covered by the Hague Convention, State administration shall ensure that the authorities of the country of the country must be involved in the adoption, where the laws of the legislator are required to do so.

Paragraph 4. The administration can in the Member State referred to in paragraph 1 2 and 3 situations mentioned require the applicant to enlist an intermediating organisation approved by the attorney general pursuant to Article 30, provided that the law of the country of departure requires that the application be submitted by such an organisation, or, if any, deemed appropriate.

§ 15. The State administration shall obtain a full record of the applicant immediately prior to the granting of the authorization.

Paragraph 2. If, in the statement of the local authority board or in the information provided for by the Government in the investigation of the case, information on the physical or mental health of the applicant may be a cause of doubt. whether or not the adoption is beneficial to the child, State administration may obtain an opinion from the Board of Adoption of whether or not the information to apply the information to the applicant shall be concerned.

§ 16. The State Department will summon the applicant for a conversation about the adoption and its meanings.

Paragraph 2. However, this does not apply if the applicant has already received sufficient guidance by another authority.

Site Childchild Adoption

§ 17. Appropriation to adopt a married adopted child shall be granted only if the authorization has or is given a legal effect after the adoption of Chapter 2 of the adoption law. Section 39, paragraph. 2.

Paragraph 2. Appropriation can be issued, even if the adopted is 18 years old.

Chapter 4

Coverty from parents or guardian

General provisions

§ 18. Coverty from parents or guardian, cf. Section 7 of the adoption of the adoption of the Law of the Law of the Act of Adoption of the Law of the Act of Adoption of the Act of Adoption of State If the parents or the host does not have residence or residence within the territory of that State administration, the State administration may request a different State administration to convene the person concerned in person to be submitted to the person concerned in order to give consent.

Paragraph 2. If the parents or the host has residence or long-stay abroad, State administration may request a Danish representation in the country of residence to convene the person concerned in person to the person concerned in order to defile consent.

§ 19. The consent of section 7 of the adoption shall be granted on an approved form.

Paragraph 2. Before the parents or the guardhouse shall confer, State administration shall advise and inform on the effects of the adoption and on the effects of the consent, including the provisions of Chapters 2 and 3 of the adoption Act, and, except where there is an application for a site child adoption, whether the section 9 (9) of the law is applied. 1 and 12. To be condensed by another authority, it shall be the responsibility of the authority to advise and inform, as mentioned in 1. Act.

20. Contuse for adoption must be unconditional.

Family and xenophobe

§ 21. Cuptuous from the parents or the guardense, cf. Article 7 of the adoption of the adoption of a Member State of adoption of a national foreign adoption may be communicated to the child to be adopted by the person designated for it by the Board of Adoption.

§ 22. In the form of an international adoption provided by one of the organisations approved by the adoption of a Member of the adoption of an international body, where the consent has been submitted to a foreign authority or institution, and where there is no foreign national, adoption decision recognized in this country in accordance with Article 28 (1) of the adoption of Article 28 (3). 2, determines the state administration, whether the consent of the consent may be equal to the consent of a Danish authority.

-23. The state administration can under a case of adoption, no lawyer for a child who has been filled for three years, who is domiciled in this country, cf. Article 15 (a). However, this does not apply to adoption pursuant to section 5 (a) or if the adoption is communicated by an organisation authorized to provide adoption aid in accordance with the section 30 of the adoption.

Chapter 5

Declaration on adoption of a declaration

§ 24. Statements by parents and guardian, cf. The section 13-14 of the adoption Act shall be issued on an approved form.

Paragraph 2. State administration shall ensure that the parents and the guarditor prior to the submission of the Declaration have received information on the effects of adoption, including the provisions of Chapter 2 and 3 of the adoption law. The State Administration may, where appropriate, make demands for the declaration to be issued during a personal meeting of State administration. If the parents or the host does not have residence or residence within the territory of that State administration, the State administration may request a different state administration to convene the meeting to be issued for the submission of a declaration.

Paragraph 3. If the parents or the host has residence or long-stay abroad, State administration may request a Danish representation in the country of residence to convene the person concerned in person to be submitted for submission of declaration.

Chapter 6

Collect from the child and information on the child's position on the adoption

§ 25. Consent pursuant to section 6 (6) of the adoption of the law. 1, shall be made at a personal meeting of State administration. If the child does not reside or stay within the territory of that State administration, the State administration may request a different state administration to convene the meeting with a view to the submission of consent.

Paragraph 2. The consent shall be made in writing or orally after the determination of the state administration in each case. Where the administration of the State concerned shall be issued in writing, the approval of a child's consent shall be used. If the State administration is to be given consent to the consent of a child orally, the State administration shall make a declaration to the consent of the consent.

Paragraph 3. Before the child gives consent, State administration shall hold a conversation with the child in which the child shall be consulted and informed of the effects of adoption and of the consent of the child.

Paragraph 4. Section 18 (2). 2, and section 22 shall apply mutatis mutis.

SECTION 26. S ampfats shall not be required if the child is less than 18 years old and the consent of the consent is deemed to be detrimental to the child.

§ 27. If the child is less than 12 years old, information about its position on a intended adoption, cf. the section 6 (6) of the adoption of the adoption 3, provided in a way that is the child's age, maturity and the circumstances of the situation.

Paragraph 2. State administration shall ensure that the child has received advice and information as referred to in section 25 (5). 3.

Chapter 7

Adoption without consent (forced adoption)

§ 28. The provisions of the Service above for non-domestic non-consent must be fulfilled before a case-adoption procedure without consent shall be taken in accordance with paragraph 9 (9) of the adoption of the adoption. 3 and 4 can be initiated.

§ 29. In assessing the ability of the parent to carry out care for the child (parental abilities) in a case of adoption without the consent of Article 9 (9) of the adoption of the adoption of Article 9 (1) of the adoption of the provisions of Article 9 ( 3 and 4, the municipality shall make a forecast assessment based on information on the mental state of parents, their intellectual function, the extent and duration of any possible misuse, any physical disorders, and previous instigation. In addition, the forecasting rating must include information on the parents ' other children and their well-being and contact with the parents. For the forecasted assessment, special studies should be included from, for example, a psychiatrist, psychologist or other relevant professional, with a view to clear the parents ' relationship.

Paragraph 2. Adoption without the consent of Article 9 (4) of the adoption of Article 9. 3 and 4 may be permitted only if both parents are permanently unable to carry out the care of the child. This is also true in relation to parents who do not have part in custody. When adopted without consent, section 9 (4) of the adoption shall be adopted. Moreover, it is a condition that none of the parents will be able to play a positive role for the child in the context of cobative.

-$30. When a case dealt with under section 9 of the adoption of Article 9 is concluded, the State administration shall send a summary of the case for the family management board.

§ 31. State management shall, at the request of children and the members of the Committee or the AnkeManagement Board, shall not tax an attorney for the child and offer to make a lawyer for the parents and the holder of the custody, if this is a person other than the parents, and the child's potential foster parents, in accordance with Article 15 (a) of the adoption of Article 15 (a), 2, when a case of adoption without consent is dealt with by these authorities. In addition, State administration must not be taxed for the child and offering to prunate a lawyer for the parents and the holder of the custody, if this is different from the parents, as well as the child's parents ' parents, in accordance with section 15 (a) (1). 2, when a case is dealt with in the state administration.

Chapter 8

Permission to be granted to foreign children for adoption, as well as Danish intake

§ 32. A child that is not a national in Denmark, Finland, Iceland, Norway or Sweden must not be brought to the country for adoption before the child is granted a residence permit or visa.

Paragraph 2. If the child was born in this country, and the birth mother was not resident here, the child must not be allowed to stay here for adoption, unless the child is a national of Denmark, Finland, Iceland, Norway or Sweden.

§ 33. A foreign child under the age of 12 adopted by a Danish adoption will be a Danish national at the adoption, if the child is adopted by a married couple in which at least one of the spouses is a Danish citizen or a Danish citizen of a non-married citizen.

Paragraph 2. If the child is not a Danish citizen after paragraph 1 A copy of the Danish adoption authorization or of the foreign adoption decision, as well as confirmation of its recognition in this country to the Home Office, the Ministry of Refugees, Immigrants and the Danish national adoptions, shall be sent in a copy of the Danish adoption authorization or of the foreign adoption decision ; Integration, together with the following documents :

1) in writing.-The written confirmation of the application for the Danish birthmark shall be adopted by

2) if the child is full 12 years, a statement by the child that it wants the Danish birthright,

3) if the child is full 15 years, a written confirmation that the child and the adopts are aware of the fact that information will be obtained in the Criminal Court for the child ;

4) if the child is less than 12 years old and possesses a certain maturity, information on its position on the question of the acquisition of Danish birth law ;

5) a copy of the child's passport or travel registration,

6) the documentation of the nationality of the adopts (copy of passports),

7) copy of the marriage certificate in case the adoptive and original parent or the adopts have signed up to marriage abroad.

Chapter 9

Proficiency of the Grant

§ 34. The state administration is drawing out the adoption authorization on an approved form. A copy of the authorization shall be retained by the state administration in the case of the case.

Paragraph 2. The adoption authorization may take a position on the child's name. The rules of the naming law shall apply.

Paragraph 3. When State administration compile the authorization for adoption covered by the Hague Convention of 29. In May 1993 on the protection of children and of cooperation with regard to international adoptions, the state administration shall, in connection with the completion of the adoption authorization, certify that the adoption is in accordance with the Convention, cf. Article 23 of the Convention. This certificate shall be made out on an approved form and delivered to the adoption of the adoption of the certificate.

$35. If the adoption has been carried out by a foreign adoption decision that is recognised here in the country, cf. the section 28 (3) of the adoption of the adoption 2, no adoption authorization shall be made, but State administration confirms in writing that the foreign adoption decision is recognised here in the country.

§ 36. If the child at the adoption receives Danish birth rights, cf. Section 33 (4). 1, this must be entered in the authorization or in the acknowledgement after paragraph 35.

§ 37. The State Department must notify the adoption of the adoption of :

1) the driver of the person who is the driver of the child's residence of the child,

2) the person registered to the driver, if the child is registered, registered or named in the demeritous parts of the country ; and

3) The people's registers in the municipality where the child is domiciled.

Paragraph 2. In addition, the following notification shall be sent to :

1) Those from whom consent or declaration were obtained pursuant to section 5 to 7 and 13-14 of the adoption Act, unless the person concerned lives in marriage to the applicant, or it is a foreign alienation, or consent has been announced to the child ; adopts by the person designated by the Board of Adoption.

2) The organization that has disseminated the adoption.

3) The authority that issued a residence permit for the child.

4) The municipality that has issued a care authorization.

5) Adoption board, whose approval is granted by the Board of Notivation.

Paragraph 3. The message to the person controller, cf. paragraph 1, no. 1 and 2 shall be accompanied by photocopy of the birth and certificate of birth and certificate of birth and certificate certificates and certificates of birth.

§ 38. Before the adoption has been established for the child's subteam, the state administration which has issued the adoption of the adoption must ensure that the contribution of the contribution is endorsed by endorsement of the adoption and the suspension of the obligation to contribute to the obligation to contribute.

§ 39. The State Department shall inform the family of the Administrative Board of the completed adoption appropriations and on foreign adoptions recognised in section 28 (4) of the adoption of the adoption of the adoption of the provisions of Article 28 (3). 2.

Chapter 10

Amendment of the legal effects of older adoptions

§ 40. The application for adoption law, section 39, paragraph. 2, shall be submitted by an adoptant and shall be sent to the Family Services Agency by means of State administration in the place where the adoptant lives. If the adopts do not live in this country, the application for the family has been sent to the FDA.

§ 41. The application shall be signed by the applicant in person, and shall contain information as to the extent to which the relationship between the child and its real parents is retained after adoption.

Paragraph 2. The application shall be accompanied by the following :

1) the original adoption authorization or, if it has been suspended and not made up by the Ministry of Justice, a certified copy,

2) if the connection between the child and its original parents is preserved after the adoption, a declaration by the parents,

3) the consent of the child ;

4) if one of the adopts is dead, death certificate, ski retainer or transcript of death or death sentence, and

5) if one of the child's original parents is dead and the relationship between the child and the parents is retained after the adoption, death certificate, ski retainer, or a death sentence or death sentence.

Chapter 11

Crow and other things.

§ 42. Complaguing the decisions of the State Administration shall be treated by the Family Management Board, cf. however, paragraph 1 The second appeal shall be submitted to the state administration which has taken the decision. The State Department relaxes the complaint and the files of the case to the Family Services Committee.

Paragraph 2. Complaguing the decisions taken by the State Manager on adoption without the consent of Article 9 of the adoption Act shall be considered by the courts. The appeal shall be submitted to the State administration which has taken the decision. The State Department will bring this matter to court.

§ 43. State administration may resume the treatment of a decision which has been claimed for the family management board, if :

1) the complaint contains an application for which State administration has not taken a position ;

2) the complaint contains important new information,

3) there are significant information which has not been addressed by State administration, or

4) there are case processing errors that may have implications for the decision.

Paragraph 2. The complainant may appeal to the State Manager ' s decision to resume the case for the family management board.

Chapter 12

Entry into force and so on.

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

Paragraph 2. Publication no. 1366 of 12. December 2006 on adoption is deleted.

Ministry of Justice, the 28th. September 2009Brian Mikkelsen / Trine Hede