Law On The Implementation Of The Hague Convention Of 29 May 1993 On Protection Of Children And Cooperation In Respect Of Intercountry Adoption

Original Language Title: Gesetz zur Ausführung des Haager Übereinkommens vom 29. Mai 1993 über den Schutz von Kindern und die Zusammenarbeit auf dem Gebiet der internationalen Adoption

Read the untranslated law here: http://www.gesetze-im-internet.de/ad_bag/BJNR295010001.html

Law on the implementation of the Hague Convention of 29 May 1993 on protection of children and cooperation in respect of intercountry adoption (adoption Convention implementation Act AdÜbAG) AdÜbAG Ausfertigung date: 05.11.2001 full quotation: "adoption Convention implementation Act of 5 November 2001 (BGBl. I S. 2950), most recently by article 4 paragraph 17 of the Act of December 17, 2006 (BGBl. I S. 3171) has been changed" stand: last modified by article 4, paragraph 17 G v. 17 Dec 2006 I find 3171 for details on the stand number on the menu at Footnote references (+++ text detection from: 1.1.2002 +++) the G as article 1 G v. 5.11.2001 I 2950 (AdIntG) by the German Bundestag, with the consent of the Federal Council decided. It is as per article 6 clause 1 of this G on 1st January 2002 entered into force.

Table of contents section 1 definitions, responsibilities and procedures section 1 definitions article 2 substantive responsibilities section 3 procedure section 2 international adoption placement in relation to other Contracting States article 4 adoption application article 5 recording a child's section 6 entry and stay section 7 agreement for adoption; Responsibilities for a foster care child section 3 certificates of the conclusion or the conversion one acceptance ratio section 8 certificates of a domestically made acceptance or transformation of relationship of acceptance of article 9 review foreign certificates through the execution of an assumption or converting an adoption relationship section 4 of temporal scope article 10 application of section 2 § 11 application of section 3 section 1 definitions, responsibilities and procedures section 1 definitions (1) central authorities within the meaning of article 6 of the Hague Convention of 29 May 1993 on the Protection of children and cooperation in respect of intercountry adoption (BGBl. 2001 II p. 1034) (the agreement) are the Federal Office of Justice as a federal Central Authority for international adoption (Federal Center) and the central adoption authorities of the land Youth Welfare Office (central adoption authorities).
(2) other public authorities within the meaning of articles of 9 and 22 paragraph 1 of the Convention are the adoption of the youth services agency as far as according to § 2a para 3 No. 2 of the adoption act of mediation the international adoption agency in relation to Contracting States of the Convention permitted them.
(3) licensed to organizations within the meaning of articles 9 and 22 para. 1 of the Convention are the recognized foreign operator, insofar as they are admitted to the international adoption agency in relation to States parties of the Convention (§ 2a para 3 No. 3, section 4, paragraph 2, of the adoption placement Act).
(4) for the purposes of this Act 1 foreign agencies are the central adoption authorities and the adoption agencies referred to in paragraphs 2 and 3;
2. is the central authority of the country of origin (article 2 paragraph 1 of the Convention) the body that perceives the upcoming considering each task of a central authority under the law of that State.

§ 2 substantive responsibilities (1) the adoption agency referred to in article 1, par. 2 and 3 take without prejudice to paragraph 3 sentence 1 for the mediation cases managed by them the tasks referred to in articles 9 and 14 to 21 of the Convention right, the recognized foreign agencies but only with regard to the placement of a child habitually resident in foreign adoption applicants normally residing in the domestic.
(2) the federal Central Authority takes the tasks referred to in article 6 para 2 sentence 2 of the Convention, as well as true according to § 4 paragraph 6 and section 9 of this Act and coordinates the tasks referred to in articles 7 and 9 of the Convention with the foreign agency. She coordinates the tasks referred to in article 8 of the Convention with the central adoption authorities. The tasks are not assigned to the Convention pursuant to sentence 1 of the German Federal Central Bureau listed pursuant to paragraph 1 or paragraph 3, foreign agencies recognized set 1 by youth offices, or perceived by other competent authorities, the central adoption authorities perceive these tasks.
(3) as regards the measures provided for in articles 8 and 21 of the Convention, the General judicial and regulatory responsibilities remain unaffected. In the cases of laid down in article 21 § 1 of the Convention the authorities referred to in paragraph 1 or 2 however is the communication with the central authority of the country of origin.

Procedure (1) that federal Central Office and the overseas operator can immediately run section 3 with all competent authorities at home and abroad. The provisions of the adoption placement Act apply to their activities. The articles 9 b and 9 d of the adoption placement Act also apply to the personal data transmitted to the central authority of another Contracting State to the Convention and documentation. The tenth book of the social code applies in addition to the central adoption authorities and the youth offices, insofar as not already article 9 d of the adoption placement Act refers to these provisions.
(2) the procedure of the federal Central Office without prejudice to paragraph 1 sentence 2 and 3 as justice administrative procedures. Procedure according to § 4 section 6 or section 9 can be abandoned in the applicant, to provide suitable evidence or certified translations. The Federal central authority can give necessary translations themselves in order; the amount of the remuneration for the translations depends on the rates and Compensation Act.
Section 2 international adoption placement in relation to other Contracting States article 4 adoption application (1) adoption applicant habitually resident in Germany set it behooves your application either at the adoption center or the Youth Office according to § 2 para 1 in conjunction with § 1 para 2, in whose area they usually reside, or to a recognized foreign operator within the meaning of § 1 para 3 (2) the adoption applicants , 1 to specify from which country they want to accept a child, 2. the conditions for the submission of a report according to § 7 para 3 of the adoption placement Act to participate and 3. to assure that a further application for the placement of a child from a foreign country is not pending.
(3) the foreign operator advises the adoption applicants. You in time tells the adoption applicants prior to the first transfer of personal data to the home State to what extent the protection of the secrecy of adoption and other personal data as well as the liability for an invalid or incorrect processing of personal data are guaranteed according to their level of knowledge in the country, and indicates the adoption applicants to the extent existing dangers.
(4) the foreign operator can turn on its own investigations and after participation of the responsible for the usual place of residence of the adoption applicants local adoption agency (section 9a of the adoption placement Act) in paragraph 2, referred to in no. 2 report itself create the.
(5) is satisfied the foreign operator of the suitability of adoption applicants as she shall forward the required application documents including a report pursuant to article 15 of the Convention of the central authority of the country of origin. The transfer requires the consent of adoption applicants.
(6) at the request of the adoption applicants the federal Central Bureau contribute to other the application of concerned releases the delivery according to paragraph 5 and committing to the central authority of the country of origin. She will fail their participation if the requested delivery recognizable form or content does not meet the provisions of the Convention or the country of origin.

§ 5 acceptance of a child (1) the conciliation proposal of the central authority of the country of origin requires the approval by the foreign operator. This has in particular to check for 1 that adoption serves the best interests of the child, and 2. a) on the grounds of a domestic adoption relationship is expected or, b) unless adopting abroad should be completed, this does not lead to a result, that is, taking into account the best interest of the child with the fundamental principles of German law obviously incompatible, irreconcilable with fundamental rights, in particular.
The foreign operator can record with the central authority of the country of origin before or after receiving a mediation proposal an exchange of views. An exchange of views as well as the endorsement or rejection of a mediation proposal are on record with the respective relevant technical considerations.
(2) the foreign agency approved the mediation proposal referred to in paragraph 1, sets the adoption applicants about the contents of the personal data transferred her from the home State and documents about the proposed child in knowledge and advises them about its acceptance. Identity and place of residence of the child, his parents and other care owner to reveal only she 17 letter c of the Convention prior to the issuance of the approvals referred to in article, as far as the central authority of the country of origin agrees to.

(3) the consultation took place pursuant to paragraph 2, so the foreign agency urges adoption applicants, to make a statement within a period to be determined pursuant to § 7 para 1. This declaration is verified, so the foreign operator can submit declarations letters b and c of the Convention pursuant to article 17.
(4) the foreign operator sit set 1 with the responsible for the usual place of residence of the adoption applicants local adoption agency in the consultation on the review and advice according to paragraphs 1 and 2. She teaches them about the submission of declarations in accordance with paragraph 3 sentence 2.

Entry and residence (1) for the purpose of making and maintaining a family life community between the adoption applicants and to include child find paragraph 6 on the entry and stay the law of residence over the reunification of children corresponding to the completion of the adoption application, as soon as 1 the foreign agency has approved the mediation proposal of the central authority of the country of origin according to § 5 para 1 sentence 1 and 2 have accepted adoption applicants in accordance with § 7 paragraph 1 with the conciliation proposal.
(2) at the request of the foreign agency, the Immigration Office of the grant of a required approval advance agrees if the conditions of in paragraph 1 are met and does not conflict with legal provisions. The visa is granted by virtue the child when the foreign operator so requests and does not conflict with legal provisions.
(3) the purpose of the stay referred to in paragraph 1, not required so that extends the child granted residence permit as an independent right of residence limited, as long as there are not the conditions for issuing a Niederlassungserlaubnis or the competent authority pursuant to article 21 para 1 letter c of the Convention causes the return of the child in his home State.

§ 7 agreement for adoption; To assume responsibilities for a foster care child (1) the Declaration of adoption applicants, that they are ready, the child proposed by them is to make to the Youth Welfare Office, according to § 5 para 3 sentence 1 with resident reported at the time the prompt is in whose adoption candidates. The explanation of the public deed. DCFS shall send a certified copy of the foreign agency.
(2) on the basis of the Declaration referred to in paragraph 1, the adoption applicants are jointly and severally obliged to reimburse public funds used by the date of entry of the child for a period of six years for the livelihood of the child. The costs to be reimbursed include all public funds for living expenses including the accommodation, training, the supply in the disease and care, even if the expenses are based on a legal right of the child. However, include no such means that 1 have been used up, while the child was legally in the care of the adoption applicants, and also then spend 2 would have been if an adoption relationship between the applicants for adoption and the child would have been at that time.
The obligation ends when the child is adopted.
(3) the refund claim is the public authority, has used up the funds. Learns the youth welfare office by the expenditure of public funds referred to in paragraph 2, it shall inform the place referred to in sentence 1 of the refund claim and granted all necessary information for its enforcement and enforcement.
(4) appointed teaching the Youth Welfare Office, even if it as a guardian or guardian of the child another child is guardian or carers, as well as the adoption agency that carries out tasks of adoption assistance pursuant to § 9 of the adoption placement Act, the foreign agency about the development of recorded child, as far as the foreign operator its tasks referred to in articles 9, 20 and 21 of the Convention requires this information to meet. Until an adoption of a child is pronounced, the Youth Welfare Office, the Immigration Office, the guardian science and the family court have all procedures relating to the recorded child to participate in the international agency except for the imminent danger; Participation failure due to the imminent danger is immediately catching up to do.
Section 3 certificates of the conclusion or the transformation of relationship of acceptance of article 8 has a central adoption authority that consent letter c of the Convention article 17 in accordance with certificates of an acceptance in domestic or converting an adoption relationship, so it is out of the person who has a legal interest, para. 2 of the Convention the certificate referred to in article 23 or article 27 on request. Has a youth welfare office or a foreign brokerage house gives its approval, so the central adoption authority is responsible, belongs to which the youth welfare office or area in which the recognized international agency is headquartered.

§ 9, with review foreign certificates through the execution of an assumption or converting an adoption relationship at the request of a legal interest, checks and the federal Central Office confirmed the authenticity of a document certifying the acceptance in another Contracting State or converting an adoption relationship, the conformity of its contents with article 23 or article 27 paragraph 2 of the Convention, as well as the jurisdiction of the issuing authority. The confirmation provides evidence of the circumstances referred to in sentence 1. the evidence of their falsity is allowed.
To apply application of section 2 (1) which are provisions of section 2 in relation to another Contracting State of the Convention 4 temporal scope of application article 10 when the Convention between the Federal Republic of Germany and that Contracting State is in effect and if the application under section 4(1) of the foreign agency after the date of entry into force has been to cut off.
(2) the federal Central Bureau may agree with the central authority of the country of origin the application of the provisions of the Convention to such applications, which have gone to the foreign agency prior to the date referred to in paragraph 1. The agreement can be timed or factual will be limited. On a Vermittlungsfall, which falls under an agreement pursuant to sentences 1 and 2, the provisions of section 2 are to be applied.

Article 11 application of section 3 (1) a certificate according to § 8 is issued, unless the assumption 17 letter c of the Convention has been consummated provided approvals after the date referred to in article 10, paragraph 1 and on the basis of the article.
(2) a certificate granted pursuant to § 9, unless the Convention in relations between the Federal Republic of Germany and the State, replaced competent issued the certificate presented for the confirmation is in effect.