Law on acceptance as a child and amending other provisions (adoption law)

Unofficial table of contents

AdG

Date of completion: 02.07.1976

Full quote:

" Adoption Act of 2 July 1976 (BGBl. I p. 1749) "

Footnote

(+ + + Text evidence from: 1.1.1977 + + +) Unofficial table of contents

Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law:

Species 1 to 11

Species 12
Transitional and final provisions

Unofficial table of contents

§ 1

(1) If the law applicable to the child has been implemented in accordance with the provisions of the present law, the provisions of this Act on the adoption of a full-year old age shall be applied to the acceptance ratio at the time of entry into force of this law; in so far as it does not result from paragraphs 2 to 6. (2) The effects of the adoption shall not be extended to an offspring of the child to which the effects of the adoption of the child have not been extended. (3) If that is the case of a woman, received the name of the child who led the woman before the marriage, so it leads (4) If the deceased had died before the entry into force of this law, the conditions applicable remain the same. (5) In the acceptance contract, the inheritance of the child shall remain the same as the , this exclusion shall not be affected; in this case, the accepting person shall not have any inheritance. (6) § 1761 (1) of the Civil Code, as amended by this Act, shall apply accordingly. The time limits set out in § 1762 (2) of the Civil Code, as amended by this Act, begin at the earliest with the entry into force of this Act. Unofficial table of contents

§ 2

(1) If the law applicable to the child is subject to the provisions adopted at the date of entry into force of this Act, the rules on acceptance shall be subject to the provisions of the rules applicable until 31 December 1977. (2) After the expiry of the period specified in paragraph 1, the provisions of this law on the acceptance of minors shall be applied to the acceptance ratio; § 1 (2) to (4) shall apply accordingly; the provisions of § 1762 (2) of the Civil code in the version of this law shall begin at the earliest with the date on which the provisions of this law shall apply to the acceptance ratio. This does not apply if a receiving child, a child, a parent of a marital child or the mother of a non-married child declares that the provisions of this law on the acceptance of minors shall not be applied. If the consent of a parent has been replaced by the guardianship court for the acceptance of a child, that parent is not entitled to make the declaration. (3) The declaration referred to in the second sentence of paragraph 2 can only be made until the end of the sentence in paragraph 2. 1 determined by the Schöneberg district court in Berlin-Schöneberg. The declaration requires notarial certification; it shall be effective at the time when it is awarded to the district court of Schöneberg in Berlin-Schöneberg; it may in writing, before the expiry of the period specified in paragraph 1, vis-à-vis the Local Court Schöneberg in Berlin-Schöneberg will be revoked. The revocation must be officially certified. § 1762 (1) sentences 2 to 4 of the Civil Code shall apply. (4) A declaration pursuant to the second sentence of paragraph 2 shall be disclosed to the persons who are also entitled to submit such a declaration. If the minor is a minor, this declaration shall not be communicated to him, but to the competent youth welfare office. Such a communication should be maintained if it is to be provided that a non-evident acceptance ratio is detected by it. Unofficial table of contents

§ 3

(1) If a declaration is made pursuant to section 2 (2) sentence 2, the provisions of this law relating to the acceptance of the full-year period shall be applied to the acceptance ratio after the expiry of the period specified in section 2 (1). (2) The provisions of § 1 (2) bis (2) bis (2) 5 and section 2 (2) sentence 1, half-sentence 3 shall be applied accordingly. § 1761 of the Civil Code shall apply. As long as the child is a minor, the acceptance ratio can also be abolished in accordance with § 1763 (1), (2) of the Civil Code in the version of this Act. Unofficial table of contents

§ 4

(1) Before the entry into force of this Act, a child, which was effectively assumed by a German under German law and still underage at the time of the entry into force of this law, acquires through the written declaration, German To become a national, nationality, if the acceptance ratio in accordance with section 2 (2) sentence 1 of this Act is applicable to the provisions of this Act concerning the acceptance of minors. The acquisition of citizenship extends to those descendants of the child, to which the effects of the acceptance of the child have also extended. (2) The right of explanation does not exist if the child takes place after the adoption of a child instead of the child. (3) The right of explanation can only be exercised until 31 December 1979. The acquisition of nationality shall take effect when the declaration

1.

before 1 January 1978, on 1 January 1978;

2.

as from 1 January 1978, with the receipt of the declaration by the naturalisation authority.

(4) Article 3, paragraph 3, sentence 2 and 3, para. 4, 5 sentence 1 and 4 and para. 7 to 9 of the Act amending the Reich and Citizenship Law of 20 December 1974 (Federal Law Gazette). (5) The nationality shall also apply to the child under paragraphs 1 to 4, if a accepting person at the time of acceptance of the child is not German without German nationality within the meaning of Article 116 (1) of the Basic law. Unofficial table of contents

§ 5

If, at the date of entry into force of this law, the receiving or the child has requested confirmation of a contract for the acceptance or confirmation of a contract for the annulment of the acceptance of the child instead of the competent court in the case of or after the notarial assessment of the contract, the notary is entrusted with the filing of the contract, the confirmation may be made in accordance with the rules in force until now. In this case, Section 15 (1) sentence 3 of the Personal Status Act is to be applied in the version currently in force. Unofficial table of contents

§ 6

(1) If, before the entry into force of this Act, a parent has given consent to the adoption of a child to a child, this consent shall retain its effectiveness for acceptance as a child under the provisions of this Act. This applies accordingly if the guardianship court has replaced the consent of a parent to the child's acceptance of the child. (2) If the parent has not expressly agreed to the acceptance according to the rules, the parent has not expressly agreed to the consent of the parent. This law, with the resulting effects, may, until 31 December 1977, state that the provisions of this law on the acceptance of minors shall not be applied. Section 2 (3) shall apply in accordance with the declaration. Until the expiry of the period specified in the first sentence, in the case of a declaration in accordance with the first sentence, even after the expiry of that period, the provisions of this law relating to the adoption of a full year shall be applied to the acceptance ratio, subject to the proviso that: Waiver of the acceptance ratio the provisions of § § 1760 to 1763 of the Civil Code are to be applied accordingly in the version of this Act. If no declaration is made in accordance with the first sentence, the provisions of this law on the acceptance of minors shall be applied after the period specified in sentence 2 has expired. Unofficial table of contents

§ 7

(1) The acceptance as a child in accordance with the provisions of this Act on the acceptance of minors shall be permitted even if the receiving and the increasing are already connected by the adoption of a child, instead of the provisions currently in force. If the acceptance ratio exists to a married couple, the acceptance as a child is only permissible by both spouses. (2) If the person in question was of the age of age at the time of the entry into force of this law, § 1772 of the Civil Code shall be applied. Unofficial table of contents

§ 8

Where reference is made to provisions which are repealed or amended by this Act, the reference shall be made from the relevant new provisions. A referral shall be the same if the applicability of the provisions referred to in the first sentence is to be implied. Unofficial table of contents

§ 9

This law applies in accordance with Section 13 (1) of the Third Transfer Act of 4 January 1952 (Bundesgesetzbl. I p. 1) also in the Land of Berlin. Unofficial table of contents

§ 10

This Act shall enter into force on 1 January 1977.
However, the following provisions are already in force one day after the law has been announced:
Article 1 (2) (g) to (k),
Article 4 (4),
Article 7 (2) (c) to (e).