Law implementing the Hague Convention of 29 May 1993 on the protection of children and cooperation in the field of international adoption (Adoption Agreement-Implementing Law-Adexercise AG)

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Adexercise AG

Date of completion: 05.11.2001

Full quote:

" Adoption Agreement Implementing Act of 5 November 2001 (BGBl. 2950), as last amended by Article 4 (17) of the Law of 17 December 2006 (BGBl I). 3171). "

Status:

Last amended by Art. 4 para. 17 G v. 17.12.2006 I 3171

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.2002 + + +) 

  

The G was decided as Article 1 G v. 5.11.2001 I 2950 (AdIntG) of the Bundestag with the consent of the Bundesrat. It's gem. Article 6 (1) of this G entered into force on 1 January 2002. Unofficial table of contents

Content Summary

Section 1
	Definitions, responsibilities and procedures
§ 1		Definitions
§ 2		Substantive responsibilities
§ 3		Procedure
Section 2
	International adoption mediation in relation to other Contracting States
§ 4		Adoption application
§ 5		Inclusion of a child
§ 6		Entry and residence
§ 7		Reconnatives for adoption; responsibilities for an adoptive care child
Section 3
	Certificates relating to the arrival or conversion of an acceptance relationship
§ 8		Certificates relating to a domestic acceptance or conversion of an acceptance relationship
§ 9		Review of foreign certificates on the implementation of an acceptance or conversion of an acceptance relationship
Section 4
	Time-of-use
§ 10		Application of Section 2
§ 11		Application of Section 3

Section 1
Definitions, responsibilities and procedures

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§ 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 the field of international adoption (BGBl). 2001 II p. 1034) (Convention) are the Federal Office of Justice as the Federal Central Office for International Adoption (Bundeszentralstelle) and the central adoption offices of the Landesjugendämter (central adoption agencies). (2) Other public bodies in the sense of Articles 9 and 22 (1) of the Convention are the adoption offices of the Youth Offices in so far as they are the international adoption agency in relation to the States Parties to the Convention pursuant to Section 2a (3) (2) of the Law on Adoption of Adoptionals. (3) approved organisations within the meaning of the Articles 9 and 22 (1) of the Convention are the recognised foreign exchange offices, insofar as they are admitted to international adoption mediation in relation to the States Parties to the Convention (Section 2a (3) no. 3, § 4 (2) of the Convention). (4) For the purposes of this Act

1.

international exchanges shall be the central adoption agencies and the adoption centres referred to in paragraphs 2 and 3;

2.

The central authority of the home state (Article 2 (1) of the Convention) is the body which, under the law of that State, exercises the respective task of a central authority.

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§ 2 Sachliche responsibilities

(1) The adoption agencies referred to in Article 1 (2) and (3) shall, without prejudice to the first sentence of paragraph 3, carry out the tasks referred to in Articles 9 and 14 to 21 of the Convention for the cases of mediation they are responsible for, which shall: Foreign exchange offices, however, only with regard to the placement of a child with an ordinary residence abroad in an adoption applicant with an ordinary stay in Germany. (2) The Federal Central Office shall carry out the tasks referred to in Article 6 (2) sentence 2 of the Convention, as well as pursuant to § 4 (6) and § 9 of this Law, and coordinates compliance with of the tasks referred to in Articles 7 and 9 of the Convention with the foreign exchange offices. The fulfilment of the tasks referred to in Article 8 of the Convention shall be coordinated with the central adoption agencies. To the extent that the tasks under the Convention are not assigned in accordance with the first sentence of the Federal Central Office or are carried out in accordance with the first sentence of paragraph 1 or the first sentence of paragraph 3 of the Youth Offices, recognised foreign exchange offices or other competent authorities, (3) In respect of the measures provided for in Articles 8 and 21 of the Convention, the general judicial and administrative powers shall remain unaffected. However, in the cases referred to in Article 21 (1) of the Convention, the communication with the central authority of the home country shall be the responsibility of the competent authorities referred to in paragraphs 1 or 2. Unofficial table of contents

§ 3 Procedure

(1) The Federal Central Office and the foreign exchange offices can operate directly with all the competent authorities in Germany and abroad. The provisions of the adoption exchange law shall apply to their activities. § § 9b and 9d of the Adoptions Act also apply to the personal data and documents transmitted by the central authority of another Contracting State of the Convention. For the central adoption agencies and the youth offices the 10th Book of the Social Code applies, unless already § 9d of the AdoptionsSwitching Act refers to these provisions. (2) The proceedings of the Federal Central Office shall apply without prejudice to of paragraph 1, sentences 2 and 3, as judicial administrative procedures. In proceedings pursuant to § 4 (6) or § 9, the applicant may be given an order to provide appropriate proof of proof or certified translations. The Federal Central Office may commission the necessary translations; the amount of the remuneration for the translations shall be governed by the Law on Justice and Compensation for Compensation.

Section 2
International adoption mediation in relation to other Contracting States

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§ 4 Adoptions application

(1) Adoption applicants with a normal residence in the country shall send their application either to the central adoption office or to the youth welfare office in whose field they are usually resident in accordance with § 2 paragraph 1 in connection with § 1 paragraph 2, or to one of the recognised foreign exchange offices within the meaning of Article 1 (3). (2) It is the responsibility of the adoption applicants to:

1.

specify the home state from which they would like to take a child,

2.

to participate in the submission of a report in accordance with Section 7 (3) of the AdoptionSwitching Act; and

3.

to ensure that a further application for the placement of a child from abroad is not pending.

(3) The foreign exchange office shall advise the adoption candidates. It shall inform the adoption applicant in good time before the first transfer of personal data to the home country of the extent to which, according to its state of knowledge in the home country, the protection of the secrecy of adoption and of other personal data, and the liability for inadmissible or incorrect processing of personal data is ensured, and the adoption candidates shall indicate any risks to this extent. (4) The foreign exchange office may carry out its own investigations and, in accordance with Participation in the common place of residence of the (5) If the foreign exchange office is aware of the suitability of the adoption candidates, the local adoption agency responsible for adoption (§ 9a of the AdoptionsSwitching Act) shall draw up the report referred to in paragraph 2 (2). , it shall forward the necessary application documents, including a report in accordance with Article 15 of the Convention, to the central authority of the home state. The transmission requires the consent of the adoption candidates. (6) At the request of the adoption applicants, the Federal Central Office acts upon the transmission in accordance with paragraph 5 and in the transmission of other communications concerning the application of the application to the central authority of the home state. It shall fail to cooperate if the transfer requested in the form or content does not satisfy the provisions of the Convention or the home state. Unofficial table of contents

§ 5 intake of a child

(1) The mediation proposal of the central authority of the home state shall require the approval of the foreign exchange office. The Commission shall, in particular, examine whether:

1.

the adoption of the best interests of the child; and

2.

a)

on the grounds of a domestic acceptance ratio, or,

b)

where acceptance is to be carried out abroad, it does not result in a result which, taking into account the best interests of the child, is manifestly incompatible with the principles of German law, in particular with the fundamental rights of the child is incompatible.

The foreign exchange may, before or after the receipt of a conciliation proposal, exchange views with the central authority of the home country. An exchange of views as well as the approval or rejection of a conciliation proposal are to be taken into consideration with the relevant technical considerations. (2) If the exchange office has the mediation proposal referred to in paragraph 1 , it shall inform adoption candidates of the content of the personal data and documents submitted to it from the home state on the proposed child, and shall advise them on its adoption. The identity and whereabouts of the child, his/her parents and other sorgholders shall only be disclosed before the consent is granted in accordance with Article 17 (c) of the Convention, to the extent that the central authority of the home state agrees. (3) In the case of advice pursuant to paragraph 2, the foreign exchange office shall request the adoption candidates to make a declaration in accordance with section 7 (1) within a period to be determined by the exchange office. If the submission of this declaration has been demonstrated, the foreign exchange may make statements pursuant to Article 17 (b) and (c) of the Convention. (4) The foreign exchange office shall be informed of the examination and advice referred to in paragraphs 1 and 2. Set 1 with the local adoption agency responsible for the place of habitual residence of the adoptive candidates. It shall inform the Commission of the submission of the declarations referred to in the second sentence of paragraph 3. Unofficial table of contents

§ 6 Entry and residence

(1) For the purpose of establishing and maintaining a family of living between the adoption applicants and the child to be received, the provisions of the Residence Act concerning the retreat of children shall be found on the entry and residence of the child in front of the Implementation of the adoption of such application as soon as

1.

the foreign exchange office has approved the mediation proposal of the central authority of the home state in accordance with Article 5 (1) sentence 1; and

2.

the candidates for adoption have agreed to the conciliation proposal in accordance with Section 7 (1).

(2) At the request of the foreign exchange office, the aliens authority shall agree to the issuing of a required visa in advance, provided that the conditions set out in paragraph 1 are met and that the provisions of foreign law do not conflict with the requirements of the foreign exchange. The endorsement shall be issued to the child on its own account if the international exchange office requests it and does not preclude the provision of foreign law. (3) The purpose of the stay referred to in paragraph 1 shall be the same as the one referred to in paragraph 1, the child shall be granted Residence permit as an independent right of residence for a limited period, unless the conditions for granting a settlement permit are met or the competent authority referred to in Article 21 (1) (c) of the Convention is the Return of the child to his home state. Unofficial table of contents

§ 7 Declaration of preparation for adoption; responsibilities for an adoptive care child

(1) The declaration by the adoption applicants that they are willing to accept the child proposed to them is to be submitted to the Youth Welfare Office, in the area of which a candidate for adoption at the time of the invitation under Section 5 (3) sentence 1 with the main residence is reported. The declaration requires the public certification. The Jugendamt sends a certified copy to the exchange office. (2) On the basis of the declaration referred to in paragraph 1, the adoption candidates are jointly and severally obliged to reimburse public funds from the date of entry of the Child shall be spent on the child's livelihood for a period of six years. The costs to be reimbured include all public funds for the livelihood, including accommodation, training, care in sickness and nursing care, as well as the expenses on a legal claim of the Child. However, they shall not include such means which:

1.

have been applied while the child was legally in the care of adoption candidates, and

2.

even if, at that point in time, there would have been an acceptance ratio between the adoption candidates and the child.

The obligation ends when the child is accepted. (3) The entitlement to the refund shall be the public body which has applied the funds. If the Youth Welfare Office becomes aware of the application of the public funds referred to in paragraph 2, it shall inform the body referred to in the first sentence of the refund claim and shall give it all the necessary information for the enforcement and enforcement of the refund. Information. (4) The Jugendamt, even if it is a guardian of the child, another guardian or caregiver for the child, as well as the adoption agency, the tasks of the adoption support in accordance with § 9 of the Adoption of the adoption of the law of adoption, the foreign exchange office shall inform about the development of the , in so far as the international exchange office requires that information to carry out its tasks in accordance with Articles 9, 20 and 21 of the Convention. Until an acceptance as a child is pronounced, the Jugendamt, the immigration office, the guardianship and the family court have the foreign exchange office, except in the case of danger in default, on all proceedings relating to the child taken up by the child , a participation which is not subject to any risk of delay shall be obtained without delay.

Section 3
Certificates relating to the arrival or conversion of an acceptance relationship

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§ 8 Certificates concerning a domestic acceptance or conversion of an acceptance relationship

Where a central adoption body has given the consent referred to in Article 17 (c) of the Convention, it shall, at the request of the person who has a legal interest, issue the certificate referred to in Article 23 or Article 27 (2) of the Convention. Convention. If a youth welfare office or a recognised foreign exchange office has given its consent, the central adoption office is responsible for the area of which the Jugendamt belongs or in the area of which the recognised foreign exchange office has its registered office. Unofficial table of contents

§ 9 Review of foreign certificates on the implementation of an acceptance or conversion of an acceptance relationship

At the request of the person who has a legal interest, the Federal Central Office shall examine and certify the authenticity of a certificate concerning the acceptance or conversion of an acceptance relationship carried out in another Contracting State, which shall: Conformity of its content with Article 23 or Article 27 (2) of the Convention and the competence of the issuing body. The confirmation shall provide proof of the circumstances referred to in the first sentence; the proof of their inaccuracy shall be admissible.

Section 4
Time-of-use

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Section 10 Application of Section 2

(1) The provisions of Section 2 shall apply in relation to another State Party to the Convention if the Convention is in force in the relationship between the Federal Republic of Germany and that State Party and if the Agreement is in force, the Application in accordance with § 4 paragraph 1 of the international exchange office after the date of entry into force. (2) The Federal Central Office may also apply the provisions of the Convention to such provisions with the central authority of the home state. Agree applications to be submitted by the foreign exchange before the date referred to in paragraph 1 Time has been received. The agreement may be limited in time or in a factual manner. The provisions of Section 2 shall apply to a case of mediation falling under an agreement as set out in sentences 1 and 2. Unofficial table of contents

Section 11 Application of Section 3

(1) A certificate according to § 8 shall be issued, provided that the acceptance has been carried out in accordance with the date specified in § 10 (1) and on the basis of the consents provided for in Article 17 (c) of the Convention. (2) A confirmation according to § 9 shall be granted provided that the Convention is in force in relation to the Federal Republic of Germany and the State whose competent body has issued the certificate submitted for confirmation.