Law Through The Adoption Of A Child And On The Prohibition Of The Placement Of Surrogate Mothers

Original Language Title: Gesetz über die Vermittlung der Annahme als Kind und über das Verbot der Vermittlung von Ersatzmüttern

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Read the untranslated law here: http://www.gesetze-im-internet.de/advermig_1976/BJNR017620976.html

Law through the adoption of a child and on the prohibition of the placement of surrogate mothers (adoption agency Act - AdVermiG) AdVermiG Ausfertigung date: 02.07.1976 full quotation: "adoption placement act as amended by the notice of 22 December 2001 (BGBl. 2002 I p. 354), most recently by article 8 of the law of December 10, 2008 (BGBl. I ECR 2403) has been changed" stand: Neugefasst by BEK. v. 22.12.2001; IN 2002 I 354;
 
as last amended by article 8 G v. 10.12.2008 I 2403 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from: 1.7.1977 +++) first section § 1 adoption placement adoption placement adoption placement is the merging of children under 18 years of age and persons who want to adopt a child (adoption applicants), with the aim of adopting a child. Adoption placement is also proof of the opportunity to adopt a child or take to leave, and even if the child is not yet born or still not begotten. Providing the surrogate is not considered adoption placement.

Section 2 Adoption Agency (1) the adoption placement is task of the Youth Welfare Office and the land Youth Welfare Office. The Youth Welfare Office can only perform the adoption agency if it has set up an adoption agency; the National Youth Office has set up a central adoption authority. Youth offices of adjacent communities and districts can build a common adoption agency with the consent of the central adoption authority of the land Youth Welfare Office. Land Youth Welfare Office can make a joint central adoption centre. In the States of Berlin, Hamburg and Saarland, the tasks of the Youth Welfare Department adoption agency can be transferred to the National Youth Office.
(2) to the adoption agency, also the local and central bodies of the Diakonisches Werk, of the German Caritasverband, the Arbeiterwohlfahrt and of trade associations affiliated to these associations and other organisations based in the domestic are entitled, when the bodies of the central adoption authority of the land Youth Welfare Office has been recognized as an adoption agency.
(3) the adoption agency of the youth offices and the central adoption authorities of the land youth welfare office work in partnership with the adoption agency referred to in paragraph 2.

paragraph 2a of the international adoption agency are (1) the provisions of this law on international adoption agency to apply in all cases where the child or adoption applicants have their habitual residence in a foreign country or in which the child has been installed two years before the start of mediation in the country.
(2) within the scope of the Hague Convention of 29 May 1993 on protection of children and cooperation in respect of intercountry adoption (BGBl. 2001 II p. 1034) (adoption Convention) shall also apply the provisions of the adoption Convention execution act of 5 November 2001 (Federal Law Gazette I p. 2950).
(3) to the international adoption agency are authorized: 1 the central adoption authority of the land Youth Welfare Office;
2. the adoption agency of the Youth Welfare Office, as far as the central adoption authority of the land youth welfare office in general or in a particular case has allowed this activity in relation to one or more particular States.
3. a recognized foreign operator (§ 4 para. 2) within the framework of the authorisation granted to you;
4. a foreign approved organisation within the meaning of the adoption Convention, as far as the federal Central Bureau (paragraph 4 sentence 1) permitting this activity in a particular case.
(4) to coordinate of the international adoption agency you work bodies as referred in paragraph 3 and in article 15, paragraph 2 with the Federal Office of Justice as a federal Central Authority for international adoption (Federal Center). The Federal Ministry for family, senior citizens, women and youth can determine in agreement with the Federal Ministry of Justice Ordinance with the consent of the Federal Council, that the federal Central Authority in relation to individual States, which do not belong to the adoption Convention duties wholly or corresponding to the part as compared to Contracting States; While these tasks in detail can be controlled.
(5) the bodies referred to in paragraph 3 and in article 15 par. 2 have a foreign body on the available information to the person (name, gender, date of birth, place of birth, nationality, marital status and residence or habitual residence) of the child, his parents and the adoption applicants as well as to the State of the conciliation procedure to report the federal Central Authority 1 to each Vermittlungsfall within the meaning of paragraph 1 of the first participation , 2nd annual summary of size, to report progress and results of their work in the field of international adoption placement and information to give 3 at their request on individual cases of mediation within the meaning of paragraph 1, as far as this to fulfill the tasks pursuant to paragraph 4 and according to § 2 para 2 sentence 1 of the adoption Convention execution law of 5 November 2001 (Federal Law Gazette I S. 2950) is required.
The obligation pursuant to sentence 1 No. 1 is confined to a message on the conclusion of the conciliation procedure, provided that this neither affects relations with other States party to the adoption Convention to such States which set 2 have been diagnosed by a regulation pursuant to paragraph 4.
(6) the federal Central Agency stores under paragraph 5 sentence 1 No. 1 transmitted data in a central file. The transmission of data shall be recorded. The data to a single Vermittlungsfall are 30 years after receipt of the last notification to the relevant Vermittlungsfall to delete.

§ 3 personal and professional suitability of employees (1) with the adoption agency only professionals may be entrusted, who are suitable due to their personality, their training and their professional experience. The same requirements apply to persons who can give technical instructions the employees entrusted with the adoption agency. Workers who are not directly involved with mediation, must meet the requirements that correspond to the responsibility entrusted to them.
(2) the adoption agency (article 2, para. 1 and 2) are with at least two full time professionals or a corresponding number of part time workers to fill; These professionals may not primarily be concerned with non-teaching duties. The central adoption authority of the land Youth Welfare Office may allow exceptions.

§ 4 recognition as adoption agency (1) recognition as adoption agency within the meaning of § 2 paragraph 2 may be granted when proof is provided that the place 1 meets the requirements of section 3, 2. especially after its operation and promises the proper performance of their duties the financial situation of their legal entity and maintained 3 by a legal person or Association of persons, pursues the tax-privileged purposes within the meaning of paragraphs 51 to 68 of the tax code.
The adoption agency must not be a taxable commercial business operation.
(2) the exercise of international adoption placement by an adoption agency within the meaning of § 2 paragraph 2 requires special approval, which is granted for the placement of children from one or more particular countries (countries of origin). Admission entitles "recognized international agencies" to use the title; This term must not be taken without authorisation. The authorisation may be granted if the proof is provided that the site meets the recognition conditions pursuant to paragraph 1 in the special extent necessary for work in the field of international adoption; She shall be refused if preclude her overwhelming issues of cooperation with the home State. The central adoption authority of the land Youth Welfare Office and the federal Central Authority shall inform each other about findings relating to the conditions of the recognized foreign operator referred to in paragraph 1.
(3) the recognition referred to in paragraph 1 or the authorisation referred to in paragraph 2 are to take back if the prerequisites have not been for their issuance. They can be revoked if the conditions are subsequently disappeared. Incidental provisions to a recognition or authorisation, as well as the consequences of the breach of a circulation subject to the General rules.
(4) to the test, whether the conditions set 3 continue to apply 1 or paragraph 2 referred to in paragraph, the central adoption authority of the land Youth Welfare Office is entitled to inform about the work of adoption agencies in General and in individual cases, about the personal and professional suitability of their managers and staff, as well as on the legal and organisational conditions and the financial situation of their legal entity. As far as it is necessary for this purpose, 1 may the adoption Center information, access to documents, as well as the submission of evidence require;
2. allowed to enter land and business premises during normal business hours the staff responsible for carrying out the examination; the fundamental right of inviolability of the home (article 13 of the Basic Law) is limited in this respect.
(5) opposition and legal challenge against injunctions of the central adoption authority have no suspensive effect.

§ 5 transfer prohibitions
(1) the adoption placement is only the youth offices authorized pursuant to section 2 para 1 and land Youth Welfare Office and the bodies authorized according to § 2 para 2; others are forbidden by the adoption agency.
(2) the prohibition of mediation does not apply 1. for people who are up to the third degree related to or related by marriage with the adoption applicant or the child;
2. for other persons who are in a particular case and free of charge demonstrate the opportunity to adopt a child or adopt if they immediately notify an adoption agency or a youth welfare office about this.
(3) it is forbidden to pregnant women, who have their residence or habitual abode in the territorial scope of this Act to determine to give away her child for adoption as a child there, commercial - or businesslike by grant or procurement of opportunity in labour outside the scope of the law 1 2 them to such a giveaway to provide assistance.
(4) it is prohibited to perform mediation activities which have the goal that a third party has a child permanently with him, in particular by the fact that a man recognizes paternity for a child, that he has not begotten. Mediation powers arising from other legislation remain unaffected.

§ 6 adoption ads (1) it is prohibited, children for adoption as a child or adoption applicants through public statements, in particular through newspaper ads or newspaper reports, to seek or offer. This does not apply if 1 the Declaration of the note contains, that offers or requests to one by specifying the address of designated adoption agency or central adoption authority (article 2, para. 1 and 2) to be, and 2. in the Declaration of a residential address is not specified.
§ 5 remains unaffected.
(2) the publication of the statement referred to in paragraph 1, specifying a mark is prohibited.
(3) paragraph 1 sentence 1 accordingly applies to public statements relating to brokering activities according to section 5, paragraph 4, sentence 1.
(4) paragraphs 1 to 3 shall apply also if the child is not yet born or still not begotten, except that the Declaration refers to a surrogate motherhood.

§ 7 preparation of mediation (1) the adoption agency is known for a child the adoption agency to consider coming, so she immediately performs the relevant investigations the adoption applicants, the child and his family prepare for the mediation. It is in particular to consider whether the adoption applicants, taking into account the personality of the child and its special needs for the adoption of the child are suitable. The investigation for the adoption applicants to begin even before the birth of the child, if it is expected that the consent to the adoption of a child is granted. The result of the investigations the adoption applicants and the family of the child is to notify each interested parties.
(2) the local adoption agency (section 9a), in whose area the adoption applicants usually reside, takes over the relevant investigations the adoption applicants requested a different adoption agency (article 2, para. 1 and 2).
(3) at the request of the local adoption agency checks the general suitability of adoption applicants normally residing in their area to the adoption of a child habitually resident in a foreign country. The adoption agency considers the general suitability of adoption applicants, so she posted on the outcome of their examination a report which expressed the legal capability and the suitability of adoption applicants to take on the responsibility associated with international adoption, as well as the characteristics of the children, for to ensure they were appropriate. The report contains the information required for the assessment pursuant to sentence 2 about the person of the adoption applicants, their personal and family circumstances, their health status, their social environment and their motivations for the adoption. It is whether the adoption applicants to provide the information required for the examination and the report and to provide suitable evidence. Paragraph shall apply accordingly 1 set 4. The report is forwarded to a receiving agency designated by the adoption applicants. Receiving agency can only be: 1 one of the bodies referred to in Article 2a, paragraph 3 and article 15, paragraph 2, or 2. a competent body headquartered in the State of origin.
(4) at the request of the federal Central Bureau certified German adoption applicants normally residing abroad if they have the legal competence to adopt of a child after the German substantive provisions. The certificate covers the health of the adoption applicants nor on their other suitability to adopt of a child; This is noted in the text of the certificate. The provisions of private international law refer to foreign substantive provisions, the applicable foreign law is described.

Section 8 beginning of may the child adoption care only be given to settling the adoption applicants in care (adoption care), if it is established that the adoption applicants for the adoption of the child are suited.

§ 9 in connection with the mediation and the assumption has to advise the adoption agencies adoption assistance (1) with the consent of the participants, the child and his parents-in and helping, in particular before the child in care is taken and during the settling-in period.
(2) where it is required to fulfil the acceptance conditions provided by a foreign State, adoption application and adoption agency can agree in writing that they observed the development of the child during a period to be determined in the agreement after the adoption and about reports of the competent authority in the State concerned. With the agreement of another adoption agency can be that this place carries out investigations pursuant to sentence 1 and forwards the results to the adoption agency within the meaning of sentence 1 agreed.

§ 9a local adoption agency the youth offices have to ensure the performance of duties according to paragraphs 7 and 9 for their respective area.

§ 9 b mediation files (1) are records and documents about each individual Vermittlungsfall (transfer files) from the child's birth date, for 60 years to be kept. Resolves the adoption agency, are the teaching files of the body that takes over its duties according to § 2 para 1 sentence 3 or set of 4, or the central adoption authority of land Youth Welfare Office, in whose area the adoption agency had established, to pass to the storage. After expiry of the period referred to in sentence 1, the mediation files be destroyed.
(2) as far as the conciliation files concerning the origin and the life story of the child or other legitimate interest, is the legal representative of the child and, if the child the 16 age has to grant access also this even on request under the guidance of a specialist. The inspection shall be refused where conflict the vast interests of those affected.

§ 9c implementing provisions (1) which is the Federal Ministry for family, senior citizens, women and youth empowered, in consultation with the Federal Ministry of Justice Ordinance with the consent of the Federal Council details about the recognition and supervision of adoption agency according to § 2 para 2 and §§ 3 and 4, the cooperation in the field of international adoption placement according to § 2a para 4 and 5, the relevant investigations pursuant to § 7 para 1 , the aptitude test according to § 7 para 3, the certificate referred to in section 7, paragraph 4, the adoption assistance pursuant to § 9 and the granting of access to the file pursuant to section 9 b and to govern on the principles to be observed by the adoption agencies here. By Regulation pursuant to sentence 1 can be regulated in particular: 1 time, outline and form of messages according to Article 2a, paragraph 5, sentence 1 No. 1 and 2, sentence 2;
2. requirements for the personal and professional suitability of an adoption agency staff (§§ 3, 4 para 1 sentence 1 No. 1);
3. requirements for the functioning and the financial situation of the legal entity of an adoption agency (§ 4 para 1 sentence 1 No. 2);
4. Special requirements for admission to the international adoption agency (article 4 paragraph 2);
5. application and referring to evidence in the proceedings pursuant to § 7 para 4;
6 time and form inform the host about the range of services which set 1 can also adoption accompaniment according to § 9 para 1 (2) by a regulation referred to in paragraph 1 be provided the carrier the Government adoption agency adoption applicants for an aptitude test to charge fees and expenses for the procurement of documents, translations, and the remuneration of experts according to § 7 paragraph 3 or for an international adoption agency. The facts of the charges and the fees are to be established. for the individual Vermittlungsfall, the sum of the fees must not exceed 2,000 euros. As long as the Federal Ministry for family, senior citizens, women and youth of the authorization referred to in paragraph 1 sentence 1 in conjunction with sentence 1 has not made use, they can be exercised by the provincial governments; Country Governments can transfer this authorization Decree on Supreme Land authorities.

§ 9 data protection
(1) the second chapter of the tenth book social law with the proviso that data collected for the purposes of this Act, are allowed only for purposes of adoption placement or adoption support, recognition, approval or oversight by adoption agencies, monitoring of agency bans, are processed the tracking of crimes or other crimes of major importance or international cooperation in these areas or used is for the collection, processing and use of personal data. This shall not affect the provisions on international legal assistance.
(2) the federal Central Bureau communicated the personal data required for the purposes referred to in paragraph 1 the competent authorities at their request. In the request is to specify for what purpose the data are needed.
(3) the applicant is responsible for the admissibility of the communication. The federal Central Authority checks only the transfer request within the framework of the tasks is the applicant, unless that is a special occasion for the consideration of the admissibility of the communication.
(4) in the case of delivery to a foreign authority or to a domestic non-public authority, the federal Central Authority indicates that the data may be processed only for the purpose and used, to which they are transmitted.
(5) a responsible damaging to the person concerned by a under this Act or under other provisions concerning data protection invalid or improper collection, processing or use of his personal data a, so the paragraphs 7 and 8 shall apply the Federal Privacy Act.

§ 10 briefing the central adoption authority of the land Youth Welfare Office (1) the adoption agency has to inform the central adoption authority of the land youth welfare office if a child adoption applicants cannot be given within a period of three months after the conclusion of investigations carried out at him with the aim of adoption as a child in care. The information is not required if is ensured at the end of the period, that the child in adoption care is given.
(2) paragraph 1 shall apply accordingly, if adoption applicants, in which investigations were carried out, are willing and suitable to take a difficult communicable child if adoption applicants agree to the disclosure of the central adoption authority.
(3) in the cases of paragraph 1 sentence 1 searches the adoption agency and the central adoption authority for suitable adoption applicants. You inform each other of the current state of their efforts. In individual cases, the central adoption authority can take over the placement of a child even.

§ 11 tasks the central adoption authority of the land Youth Welfare Office (1) the central adoption authority of the land Youth Welfare Office supports the adoption agency in their work, in particular through expert advice, 1 if a child is difficult to explain, 2nd if an adoption applicant or the child has a foreign nationality or is stateless, 3rd if an adoption applicant or the child has his domicile or habitual residence outside the scope of this law , 4 in other difficult cases.
(2) in the cases of paragraph 1 Nos. 2 and 3 is the central adoption authority of the land youth welfare office by the beginning of the investigation (§ 7 para 1) to by the adoption agency in their area to participate. Documents of the kind referred to in article 16 of the adoption Convention shall be provided by the central adoption authority for testing.

the central adoption authority at least a pediatrician or child psychiatrist, a psychologist with experience in the field of child psychology and a jurist as well as co-ordinators or social worker with years of professional experience available are § 12 (dropped out) § 13 facilities of the central adoption authority of land Youth Welfare Office to carry out their tasks should.
Second section of surrogate motherhood § 13a surrogate surrogate is a woman who is ready on the basis of an agreement, 1 is a natural or artificial insemination to undergo, or 2. an embryo coming not from her to transfer to or otherwise carry out and left the child to third parties for adoption as children or other record indefinitely after the birth.
Footnote § 13a final movement (italics): should be "Child" are correctly, cf. Article 1 No. 6 G v. 27.11.1989 I 2014 is § 13B surrogate agency surrogate Agency bringing together persons who assume the child resulting from a surrogate motherhood or want to record in any other way permanently with him (ordering parents), with a woman who is willing to take of a surrogate motherhood. Surrogate Agency is also establishing the opportunity to an agreement referred to in section 13a.

§ 13c prohibited prohibition of surrogate mediation which is surrogate Agency.

section 13d ad ban it is forbidden to surrogate mothers or order parents through public statements, in particular through newspaper ads or newspaper reports, to seek or offer.
Third section of criminal law and penalty provisions of § 14 penalty provisions (1) any person who 1 is, contrary to article 5, paragraph 1 or 4 set 1 exercised a mediation activity or 2. contrary to § 6 para 1 sentence 1, also in conjunction with subsection 2 or 3, or section 13d through public statements a) children for adoption as a child or adoption applicants, b) children or third parties for the purposes referred to in article 5, paragraph 4, sentence 1 or c) surrogate mothers or order parents looking for offers.
(2) any person who 1 is also, contrary to article 5, paragraph 1 or 4 sentence 1 performs an activity of mediation and this causes that the child in the area of application of this Act or of the territorial scope of this Act is spent, or 2. gewerbs-or businesslike a) violates article 5 par. 3 No. 1 a pregnant woman to the giveaway of the child determines or b) violates article 5 par. 3 No. 2 of a pregnant woman to the way gift of your child does help.
(3) the offence can be punished in cases of paragraph 1 with a fine up to ten thousand Deutsche mark, in the cases of paragraph 2 with a fine up to fifty thousand Deutsche mark.
Footnote § 14 para 3 italics: Euro implementation should be section 14a (dropped out) § 14 b sanctions against surrogate mediation (1) who contrary to sec. 13 c surrogate Agency operates, is punishable by up to one year or punished with fines.
(2) a person who obtains a pecuniary benefit for a surrogate agency or promise can be, will be punished with imprisonment up to two years or fined. The culprit is commercial - or businesslike, the penalty is up to three years or a fine of imprisonment.
(3) in the cases of paragraphs 1 and 2, the surrogate mother and the order parents are not punished.
Fourth section transitional provisions article 15 applies provisionally continue further validity of the permission to the adoption agency (1) a prior recognition as adoption agency issued January 1, 2002. Goes off, if not until December 31, 2002 once again the recognition is applied for or, in the case of timely submission, with the nonrepudiation of the decision on the application for admission.
(2) an adoption agency approved before 1 January 2002 worked in international adoption agency in relation to a particular State and the central adoption authority of the land Youth Welfare Office has it displayed its intention to continue this mediation, as paragraph 1 and article 4, paragraph 2, sentence 4 shall apply mutatis mutandis. Section 4, paragraph 2, sentence 2 this act as well as article 1, par. 3 of the adoption Convention implementation Act remain unaffected.
(3) the State adoption agency (§ 2 para 1) have to make sure to meet the requirements of section 3 by January 1, 2003.

§ 16 applicable law from the date of entry into force of an amendment to this Act on is the continued implementation of a mediation begun prior to the effective date of the change, unless otherwise determined under the amended rules.

sections 17 to 22 (dropped out)