Law On The Adoption Of A Child And Amending Other Provisions

Original Language Title: Gesetz über die Annahme als Kind und zur Änderung anderer Vorschriften

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Read the untranslated law here: http://www.gesetze-im-internet.de/adg/BJNR017499976.html

Law on the adoption of a child and amending other provisions (Adoption Act) AdG Ausfertigung date: 02.07.1976 full quotation: "Adoption Act of July 2, 1976 (BGBl. I p. 1749)" footnote (+++ text detection from: 1.1.1977 +++) input formula the Bundestag approved the following law with the consent of the Bundesrat: type 1 to 11 type is age 12 transitional and final provisions § 1 (1) according to the existing regulations on child rather than assumed at the time of entry into force of this Act that the provisions of this Act concerning the adoption are applied on the acceptance ratio Volljähriger, as far as not from a different resulting paragraphs 2 to 6.
(2) the effects of adoption are not extended to a descendant of the child, on the effects of adoption to child rather than not have stretches.
(3) the child is adopted by a woman has received the name the wife before the marriage has led, as it continues this name.
(4) for the inheritance relationships remain decisive if died the deceased prior to the entry into force of this law, the existing rules.
(5) is in the adoption contract inheritance of the child excluded the growing compared to been, this exclusion remains unaffected; in this case, also the accepting has no succession.
(6) § apply paragraph 1 of the civil code in the version of this Act is according to 1761. In section 1762, paragraph 2, of the civil code as amended by this Act at the earliest begin designated deadlines with the entry into force of this Act.

§ 2 (1) is a minor according to the existing regulations on child rather than assumed at the time of entry into force of this Act, be on the acceptance ratio the existing regulations concerning the adoption until 31 December 1977 to child rather than applied.
(2) after expiry of the period specified in paragraph 1, the provisions of this Act concerning the adoption of minors are applied to the acceptance ratio; § 1 para 2 to 4 shall apply mutatis mutandis; in section 1762, paragraph 2, of the civil code as amended by this Act at the earliest begin designated deadlines with the day on which the provisions of this Act to apply are on the acceptance ratio. This does not apply if an acceptor, the child, a biological parent of a legitimate child or the mother of an unmarried child explains that the provisions of this Act concerning the adoption of minors should not be applied. Replaced the consent of a parent to believe to child rather than by the guardianship court, this parent is not entitled to make the statement.
(3) the Declaration of sentence 2 can be delivered pursuant to paragraph 2 only until the expiry of the period specified in paragraph 1 to the District Court of Schöneberg in Berlin-Schöneberg. The Declaration requires the notarization; It takes effect at the time in which it comes to the Schöneberg in Berlin-Schöneberg District Court; She may be revoked in writing until the end of the period specified in paragraph 1 to Schöneberg in Berlin-Schöneberg District Court. The revocation must be publicly certified. § 1762 (1) sentence 2 to 4 of the Civil Code shall apply.
(4) a statement referred to in paragraph 2 is set 2 to announce the persons are also entitled to make of such a declaration. The adopted is a minor, is this statement to announce it, but the competent youth welfare office. Such a notice should be avoided if to get is that a not obvious adoption relationship is revealed through them.

§ 3 (1) is issued a declaration according to article 2, paragraph 2, sentence 2, the provisions of this Act concerning the adoption are applied on the adoption relationship after expiry of the period specified in article 2, paragraph 1 Volljähriger.
(2) the provisions of § 1 para 2 to 5 and of § 2 para 2 sentence 1 half-sentence 3 are applied accordingly. § 1761 of the Civil Code shall apply. As long as the child instead adopted is a minor, the acceptance ratio may also to section 1763 para 1, 2 of the civil code as amended by this Act are repealed.

§ 4 (1) which effectively adopted and still minors at the time of entry into force of this Act child acquires prior to the entry into force of this Act, a German under German law with the written statement, German citizen to become the nationality, if the acceptance ratio in accordance with § 2 para 2 sentence 1, the provisions of this Act concerning the adoption of minors application find. The acquisition of nationality extends itself on those descendants of the child, to which also the effects of the adoption to child instead stretches have.
(2) the right of Declaration of is not, if the child after the adoption of a child instead of the German nationality has owned or knocked out.
(3) the right of Declaration of can be exercised only until December 31, 1979. The acquisition of nationality takes effect when issued the statement 1 prior to January 1, 1978 to January 1, 1978;
2. is submitted from 1 January 1978, with the acceptance of the Declaration by the naturalization.
(4) article 3 para 3 sentence 2 and 3, para 4, 5 sentence 1 and 4, and para 7 to 9 of the Act amending the nationality law and Empire of 20 December 1974 (Bundesgesetzbl. I S. 3714) shall apply mutatis mutandis.
(5) the nationality acquires the child, according to the paragraphs 1 to 4 If an increase in the time of the adoption of child instead of German without German nationality within the meaning of article 116 was para 1 of the basic law.

§ 5 has submitted the application for confirmation of a contract concerning the adoption or on receipt of a contract regarding the annulment of the adoption to child rather than to the competent court at the time of entry into force of this Act the accepting or the child or at or after the notarization of the Treaty entrusted with submitting the notary, so the confirmation can be done according to the existing regulations. § 15 para 1 sentence 3 of the civil status act is to apply in this case as previously amended.

§ 6 (1) has before entry into force of this law a parent's consent to the adoption of a child's child instead of grants, so this agreement retains its effectiveness for an adoption as a child according to the provisions of this Act. This shall apply mutatis mutandis, if the guardianship court the consent of a parent to adopt of the child at child's place has replaced.
(2) the parent with the consent has not expressly approved that the assumption can be made according to the provisions of this Act with the resulting effects, so he can explain until December 31, 1977, that the provisions of this Act concerning the adoption of minors should not be applied. § 2 para 3 shall apply accordingly for the Declaration. Be on the acceptance ratio up to the expiry of the period specified in sentence 1, in the case of a declaration pursuant to sentence 1, also after expiry of this period, applied the provisions of this Act concerning the adoption of adult with the proviso that the annulment of the adoption relationship to apply according to the provisions of §§ 1760 to 1763 of the civil code as amended by this Act are. Is no explanation is delivered pursuant to sentence 1, the provisions of this Act concerning the adoption of minors are applied after the deadline specified in clause 2 on the acceptance ratio.

§ 7 (1) the adoption as a child according to the provisions of this Act concerning the adoption of minors is also permissible if the accepting and of which should be adopted by adoption to child rather than according to the existing regulations already are. The adoption of relationship to a married couple, the adoption as a child only by both spouses is allowed.
(2) the adopted at the time of entry into force of this Act is of legal age, § 1772 of the civil code is used code.

Article 8 where referenced provisions be repealed or amended by this Act, the referral gets its content from its new provisions. It is just a reference, if the applicability of the provisions referred to in sentence 1 is tacitly assumed.

9 this Act applies in accordance with § 13 ABS. 1 of the third of transfer Act of January 4, 1952 (Bundesgesetzbl. § I p. 1) also in the Federal State of Berlin.

§ 10 this law enters into force on January 1, 1977.
Following provisions come into force but already one day after the promulgation of the law: article 1 No. 2 letter g to k, article 4 No. 4, article 7 No. 2 letter c to e.