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

Non-official table of contents

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Date of issue: 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

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The Bundestag has approved the The Federal Council adopted the following law:

Art 1 to 11

Art 12
Transitional and Final Provisions

Non-Official Table of Contents

§ 1

(1) Is that of the Child's Rules so far taken place in the date of entry into force of this Law of all year, the provisions of this Act concerning the acceptance of a full-year period shall be applied to the acceptance ratio, unless otherwise indicated in paragraphs 2 to 6.(2) The effects of the adoption shall not be extended to a descendant of the child, to which the effects of the adoption of the child have not been extended.(3) If the child who has been accepted by a woman has received the name which the woman has had before the marriage, it shall continue to do so.(4) If the deceased has died before the entry into force of this law, the conditions in which the deceased remain shall remain applicable to the conditions of the erbrechtliche ratios.(5) If, in the acceptance contract, the inheritance of the child has been excluded from the accepting, this exclusion shall remain unaffected; in this case, the accepting person shall not have any inheritance.(6) § 1761 (1) of the Civil Code, as amended by this Act, must be applied 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. Non-official table of contents

§ 2

(1) is the child's current rules instead of the date of entry into force of this Law minor, so will be on the acceptance ratio up to 31. The rules on the adoption of the child shall be adopted by the Commission in December 1977.(2) After the expiry of the period specified in paragraph 1, the provisions of this Act concerning the acceptance of minors shall be applied to the acceptance ratio; § 1 (2) to (4) shall apply accordingly; the provisions of Section 1762 (2) of the Civil Code in the The time limits referred to in this Act shall start at the earliest with the date on which the provisions of this Act 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 may only be made by the end of the period specified in paragraph 1 in relation to 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 notified to the persons who are also entitled to make such a declaration. If the minor is a minor, this declaration shall not be disclosed 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. Non-official table of contents

§ 3

(1) If a statement is made in accordance with § 2 (2) sentence 2, the acceptance ratio shall be subject to the expiry of the sentence in § 2 (1), the provisions of this Act concerning the adoption of a full-year term.(2) The provisions of Section 1 (2) to (5) and the second sentence of § 2 (2) 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. Non-official table of contents

§ 4

(1) That was effectively assumed by a German under German law before the entry into force of this law, and at the date of entry into force of this law, minor child shall be acquired by the written declaration to become a German national, the nationality, if the acceptance ratio referred to in Article 2 (2) sentence 1 of the The provisions of this Act concerning the adoption of minors shall apply. The acquisition of nationality extends to those descendants of the child, to which the effects of the acceptance of the child have also extended.(2) The right to declare does not exist if the child has, after the child's acceptance, possessed or knocked out of German nationality instead of German nationality.(3) The right of explanation can only be made by 31. The European Parliament and the Council The acquisition of citizenship becomes effective if the statement
1.
before the 1. 1 January 1978. January 1978;
2.
from 1.
3 (3) (2) and (3), (4), (5) sentences 1 and 4, and (7) to (9) of the Act amending the Law on the Law of the Reich and Nationality of the Federal State of Justice of the European Union (Reichs-und Nationrigkeitsgesetz) of the 20. December 1974 (Bundesgesetzbl. 3714) shall apply accordingly.(5) In accordance with paragraphs 1 to 4, the nationality shall also acquire the child if a accepting person was, at the time of acceptance, a child instead of German without German nationality within the meaning of Article 116 (1) of the Basic Law. Non-official table of contents

§ 5

On the date of entry into force of this law, the receiving or the child has received the request for confirmation of a Contract for the acceptance or confirmation of a contract for the annulment of the acceptance of a child instead of the competent court or in the case of or after the notarial assessment of the contract the notary is entrusted with the filing, so may be confirmed in accordance with the rules currently in force. In this case, Section 15 (1) sentence 3 of the Personal Status Act is to be applied in the version currently in force. Non-official table of contents

§ 6

(1) Before the law enters into force, a parent has the consent to adopt a child's child , this consent shall retain its effectiveness for acceptance as a child in accordance with the provisions of this Act. This applies accordingly if the guardianship court has replaced the consent of a parent for the acceptance of the child to the child.(2) If the parent has not expressly agreed in the case of consent that the adoption can be carried out in accordance with the provisions of this law with the resulting effects, he may be able to do so until 31 December 2013. December 1977 states 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. Non-official table of contents

§ 7

(1) The adoption as a child under the provisions of this law on the acceptance of minors is also , if the accepting and the increasing are already connected by adoption to the child instead of the rules in force. If the acceptance ratio exists to a married couple, the acceptance as a child is only permitted by both spouses.(2) If the act was adopted at the time of the entry into force of this law, § 1772 of the Civil Code shall be applied. Non-official table of contents

§ 8

Where reference is made to regulations that are repealed or changed by this law, the referral their content from the relevant new rules. A referral shall be the same if the applicability of the provisions referred to in the first sentence is provided for in a tacit manner. Non-official 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. Non-official table of contents

§ 10

This law occurs on the 1. January 1977 in force.
However, the following rules 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).