Law on the mediation of acceptance as a child and on the prohibition of the placement of surrogate mothers (AdoptionsSwitching Act-AdVermiG)

Unofficial table of contents

AdVermiG

Date of completion: 02.07.1976

Full quote:

" Adoption conciliation law as amended by the Notice of 22 December 2001 (BGBl. 2002 I p. 354), as last amended by Article 8 of the Law of 10 December 2008 (BGBl. I p. 2403).

Status:	New by Bek. v. 22.12.2001; 2002 I 354;
	Last amended by Art. 8 G v. 10.12.2008 I 2403

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.7.1977 + + +) 

  

First section
Adoption conciliation

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§ 1 Adoptionconciliation

Adoption mediation is the bringing together of children under the age of 18 and persons who want to take a child (adoption applicants), with the aim of accepting them as a child. Adoption mediation is also the proof of the opportunity to accept or have a child accepted, even if the child is not yet born or is not yet fathered. The transfer of replacement nuts shall not be deemed to be an adoption-agency. Unofficial table of contents

§ 2 Adoptionsmediation services

(1) The adoption agency is the task of the Jugendamtes and the State Youth Welfare Office. The Youth Welfare Office may only implement the adoption agency if it has set up an adoption agency; the Youth Welfare Office has set up a central adoption agency. Youth offices of neighbouring municipalities or counties may, with the agreement of the central adoption agency of the State Youth Welfare Office, establish a common adoption agency. National Youth Offices can form a common central adoption site. In the Länder of Berlin, Hamburg and Saarland, the Youth Welfare Office can be assigned the tasks of the adoption agency of the Youth Welfare Office. (2) The local and central offices of the Diakonisches Werks, the The German Caritas Association, the Workers ' Welfare Association and the trade associations affiliated to these associations, as well as other organisations based in Germany, are entitled if the posts are from the central adoption office of the State Youth Welfare Office as Adoption agencies have been recognised. (3) The adoption offices of the Youth Offices and the central adoption offices of the Land Youth Offices shall cooperate in partnership with the adoption agencies referred to in paragraph 2. Unofficial table of contents

§ 2a International adoption agency

(1) The provisions of this Act on international adoption mediation shall apply in all cases where the child or adoption candidates have their habitual residence abroad or in which the child is resident within two years of age. (2) 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) (adoption convention), the provisions of the Law on Adoption of the Law of 5 November 2001 (BGBl) apply in addition to the provisions of the Convention on Adoption of the AdoptionAgreement. I p. 2950). (3) The international adoption agency has the power to:

1.

the central adoption site of the State Youth Welfare Office;

2.

the office of adoption of the Youth Welfare Office, in so far as the central adoption agency of the Youth Welfare Office has authorised it in general or on a case-by-case basis in relation to one or more specific States;

3.

a recognised foreign exchange (§ 4 (2)) within the framework of the authorisation granted to it;

4.

a foreign authorized organisation within the meaning of the adoption convention, insofar as the Federal Central Office (paragraph 4, first sentence) has allowed it to carry out such activities on a case-by-case basis.

(4) In order to coordinate the international adoption mediation, the bodies referred to in paragraph 3 and in § 15 (2) shall cooperate with the Federal Office of Justice as the Federal Central Office for Foreign Adoption (Bundeszentralstelle). The Federal Ministry of Family Affairs, Senior Citizens, Women and Youth, in agreement with the Federal Ministry of Justice, may, with the consent of the Federal Council, determine, with the consent of the Federal Council, that the Federal Central Office, in relation to individual states, (5) The bodies referred to in paragraph 3 and in Article 15 (2) shall have the right to participate in the adoption of the Agreement, and shall be entitled to take the necessary measures to ensure that the parties to the Convention are not responsible for the purpose of the Convention. Federal Central Office

1.

on each case of conciliation referred to in paragraph 1, from the first participation of a foreign body to the information available on each person (name, gender, date of birth, place of birth, nationality, marionality and domiciliary status, or ) of the child, his/her parents and the adoptive candidates, as well as the status of the conciliation procedure,

2.

to report annually on the scope, course and results of its work in the field of international adoption mediation; and

3.

provide information at their request for individual cases of mediation within the meaning of paragraph 1 to the extent that this is necessary for the performance of the tasks referred to in paragraph 4 and in the first sentence of Article 2 (2) of the Law on the Adoption Agreement of 5 November 2001 (BGBl. 2950).

The obligation to notify in accordance with the first sentence of the first subparagraph shall be limited to a notification of the conclusion of the conciliation procedure, provided that it does not affect the relationship with other States Parties to the adoption convention or to those States which have been notified of the conciliation procedure. (6) The Federal Central Office shall store the information communicated in accordance with the first sentence of paragraph 5 in a central file. The transmission of the data shall be recorded. The data relating to a single exchange shall be deleted 30 years after the date of receipt of the last message relating to the relevant conciliation case. Unofficial table of contents

§ 3 Personal and professional competence of the employees

(1) The adoption agency may only be entrusted with the task of carrying out the task of professionals who are suitable for this purpose on the basis of their personality, their training and their professional experience. The same requirements shall apply to persons who are able to give technical instructions to the employees entrusted with the provision of the adoption agency. Employees who are not directly entrusted with switching tasks must meet the requirements which correspond to the responsibilities assigned to them. (2) The adoption agencies (§ 2 (1) and (2)) shall be subject to at least two to fill full-time professionals or a corresponding number of part-time workers; these skilled workers must not be primarily concerned with foreign exchange tasks. The central adoption office of the State Youth Welfare Office may allow exceptions. Unofficial table of contents

§ 4 Recognition as an adoption agency

(1) The recognition as an adoption agency within the meaning of section 2 (2) may be granted if the proof is furnished that the place

1.

the conditions laid down in § 3 are met;

2.

shall, in particular on the basis of their working methods and the financial position of their legal entity, expect the proper performance of their tasks, and

3.

is maintained by a legal person or association of persons who pursues tax-privileged purposes within the meaning of Sections 51 to 68 of the German Tax Code.

The adoption agency must not be the subject of a taxable business operation. (2) For the exercise of international adoption mediation by an adoption agency within the meaning of § 2 para. 2, the special Authorisation granted for the teaching of children from one or more specific countries (home countries). The authorisation is entitled to lead the name "recognised international exchange office"; without the authorisation, this designation may not be carried out. Authorisation may be granted if proof is provided that the body fulfils the conditions of recognition referred to in paragraph 1 in the specific measure necessary for the work in the field of international adoption; it shall be granted fail if their overriding concerns are contrary to the cooperation with the home state concerned. The central adoption office of the State Youth Welfare Office and the Federal Central Office shall inform each other of the findings concerning the conditions referred to in paragraph 1 of the recognised foreign exchange office. (3) The recognition referred to in paragraph 1 or the authorisation referred to in paragraph 2 shall be withdrawn if the conditions for their grant have not been met. They shall be revoked if the conditions have subsequently been omitted. Secondary provisions on recognition or admission as well as the consequences of the infringement of an obligation shall be subject to the general rules. (4) For the purpose of checking whether the conditions referred to in paragraph 1 or 2 sentence 3 are still available, the the central adoption office of the State Youth Welfare Office is entitled to discuss the work of the adoption agency in general and on a case-by-case basis, the personal and professional suitability of its managers and employees, as well as the legal and professional competence of the Youth Welfare Office. organisational conditions and the financial position of their legal entity. To the extent that it is necessary for this purpose,

1.

the central adoption body may request information, access to documents and the submission of evidence;

2.

the staff responsible for the examination may enter land and business premises within the normal business hours; the fundamental right of the inviolability of the dwelling (Article 13 of the Basic Law) shall be restricted to this extent.

(5) The opposition and the action taken against dispositions of the central adoption site shall not have suspensive effect. Unofficial table of contents

§ 5 Conciliation bans

(1) The adoption agency is only permitted under Article 2 (1) of the Juvenile Offices and State Youth Offices and the authorized bodies according to § 2 para. 2; others are prohibited from the provision of adoption. (2) The prohibition shall not apply to the exchange of the information.

1.

for persons who are related or are wasted until the third degree with the adoption applicant or the child;

2.

for other persons who, on a case-by-case basis and free of charge, have the opportunity to accept or have a child accepted, provided that they immediately notify an adoption agency or a youth welfare office of this.

(3) It is prohibited for pregnant women who are domicated or habitually resident within the scope of this Act to have their commercial or commercial activities by granting or providing an opportunity to untie outside the scope of this Act. Law

1.

to give birth to their child for adoption as a child,

2.

to provide assistance to them in such a way.

(4) It is prohibited to carry out brokering activities aimed at ensuring that a third party receives a child in the long term, in particular by acknowledging that a man recognises fatherhood for a child he has not fathered. Mediation powers arising from other legislation shall remain unaffected. Unofficial table of contents

§ 6 Adoptionals

(1) It is prohibited to seek or offer children to be accepted as children or adoption candidates through public statements, in particular by newspaper advertisements or newspaper reports. This shall not apply if:

1.

the statement indicates that offers or requests must be addressed to an adoption agency or central adoption agency designated by the address (Article 2 (1) and (2)), and

2.

in the statement, a private address is not specified.

§ 5 shall remain unaffected. (2) The publication of the declaration referred to in paragraph 1 with the indication of a sign is prohibited. (3) The first sentence of paragraph 1 shall apply in accordance with public statements relating to brokering activities pursuant to § 5 (4) sentence (4) Paragraphs 1 to 3 shall also apply if the child is not yet born or has not yet been fathered, unless the declaration relates to a surrogate muttership. Unofficial table of contents

§ 7 Preparation of mediation

(1) Where the adoption agency is aware that the adoption agency is eligible for a child, it shall, in preparation of the conciliation procedure, immediately carry out the relevant investigations into the adoption candidates, the child and his/her child and his/her child. Family through. In particular, it is necessary to examine whether the adoption candidates are suitable for the adoption of the child, taking into account the personality of the child and his particular needs. The investigation into the adoption candidates should be started even before the birth of the child, if it is to be expected that the consent to be given as a child is to be given. The outcome of the investigation into the adoption applicants and the family of the child is to be communicated to the persons concerned. (2) The local adoption agency (§ 9a), in whose field the adoption candidates usually reside, is to be informed. shall, at the request of another adoption agency (Article 2 (1) and (2)), take over the relevant investigations in the case of adoption applicants. (3) On request, the local adoption agency shall examine the general suitability of the adoption candidates with: ordinary stay in your area for the acceptance of a child with ordinary Stay abroad. If the adoption agency considers the suitability of the candidates for adoption to be general, it shall draw up a report on the outcome of its examination in which it relates to the legal competence and suitability of the candidates for adoption. To take over the responsibilities associated with international adoption and the characteristics of the children to which they would be appropriate. The report shall contain the information required to assess the person of adoption candidates, their personal and family circumstances, their health status, their social environment and their reasons for adoption, as required by the second sentence. It is the responsibility of the adoption applicants to provide the information necessary for the examination and the report and to provide appropriate evidence. The fourth sentence of paragraph 1 shall apply accordingly. The report shall be forwarded to a receiving body designated by the adoption candidates; the receiving agency may only be:

1.

one of the bodies referred to in Article 2a (3) and Article 15 (2), or

2.

a competent body based in the home country.

(4) On request, the Bundeszentralstelle shall certify German adoption applicants with an ordinary stay abroad whether they have the legal competence to accept a child under German legislation. The certificate shall not cover the health of the adoption candidates or any other suitability for the acceptance of a child; this shall be indicated in the text of the certificate. If the provisions of the International Private Law refer to foreign substantive provisions, the relevant foreign legal order shall also be designated. Unofficial table of contents

§ 8 Start of the administration of the Adopers

The child must not be given care in the adoption of the adoption of the child until it is established that the adoption candidates are suitable for the adoption of the child. Unofficial table of contents

§ 9 Adoptionaccompanied

(1) In connection with the placement and acceptance, the adoption agency has in each case, with the consent of the participants, to advise and support the child and his/her parents in detail, especially before the child is taken into care. (2) In so far as it is necessary for the fulfilment of the conditions of acceptance established by a foreign country, adoption candidates and adoption agencies may agree in writing that these during a period to be determined in the agreement after the adoption of the The development of the child shall be observed and reported to the competent authority in the country concerned. With the agreement of another adoption agency, it may be agreed that this body shall carry out investigations in accordance with the first sentence and shall forward the results to the adoption agency within the meaning of the first sentence. Unofficial table of contents

Section 9a Local adoptive Switching Centre

The Youth Offices shall ensure the performance of the tasks in accordance with § § 7 and 9 for their respective areas. Unofficial table of contents

Section 9b Conciliation

(1) Records and documents relating to each individual case (mediating files) are to be kept for 60 years, calculated on the basis of the child's birth date. If the adoption agency is dissolved, the mediation files of the office which takes over its tasks pursuant to section 2 (1) sentence 3 or sentence 4, or the central adoption office of the Landesjugendamtes, in the area of which the The adoption agency had its seat, to be handed over for storage. After the expiry of the period referred to in the first sentence, the acts of mediation shall be destroyed. (2) Insofar as the conciliation files relate to the origin and the life story of the child or if there is another legitimate interest, the legal basis shall be: Representative of the child and, if the child is the 16. It has completed a year of life, even on request under the guidance of a specialist, to grant insight. The inspection shall fail to the extent that the overriding concerns of a person concerned are contrary to the law. Unofficial table of contents

Section 9c Implementing provisions

(1) The Federal Ministry of Family Affairs, Senior Citizens, Women and Youth is authorized, in agreement with the Federal Ministry of Justice, with the consent of the Federal Council, by means of a regulation with the consent of the Federal Council, for further information on the recognition and supervision of Adoption agencies pursuant to § 2 para. 2 and § § 3 and 4, the cooperation in the field of international adoption mediation pursuant to § 2a (4) and (5), the pertinent investigations pursuant to § 7 paragraph 1, the aptitude test in accordance with § 7 para. 3, the Certificate in accordance with § 7 (4), the adoption support pursuant to § 9 and the granting of access to the file in accordance with § 9b and on the principles to be observed by the adoption agencies. In particular, the provisions of the regulation referred to in the first sentence may be:

1.

the date, structure and form of notifications pursuant to Section 2a (5), first sentence, Nos. 1 and 2, and the second sentence;

2.

Requirements for the personal and professional suitability of the staff of an adoption agency (§ § 3, 4 para. 1 sentence 1 no. 1);

3.

Requirements for the functioning and financial position of the legal entity of an adoption agency (Article 4 (1), first sentence, no. 2);

4.

special requirements for admission to the international adoption agency (§ 4 para. 2);

5.

submission of the application and the evidence to be submitted in accordance with the procedure laid down in § 7 (4);

6.

Date and form of information of the accepting participants on the service provision of the adoption support pursuant to § 9 (1).

(2) By means of the legal regulation referred to in the first sentence of paragraph 1, it may also be provided that the institutions of the state adoption agencies shall be subject to an aptitude test pursuant to Section 7 (3) or for an international Adoption agency charges and charges for the procurement of documents, for translations and for the remuneration of experts. The fee amounts and the fee level shall be determined in this case; for the individual switching case, the fee sum may not exceed EUR 2,000. As long as the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth has not made use of the authorization referred to in the first sentence of paragraph 1 in connection with sentence 1, it may be exercised by the State Governments; the State Governments may This authorisation shall be transferred to the supreme state authorities by means of a legal regulation. Unofficial table of contents

§ 9d Data protection

(1) For the collection, processing and use of personal data, the Second Chapter of the Tenth Book of the Social Code shall apply with the proviso that data collected for the purposes of this Act shall only be used for the purposes of adoption mediation. or support for adoption, recognition, authorisation or supervision of adoption centres, the supervision of mediation prohibitions, the prosecution of crimes or other offences of major importance or of international law cooperation in these areas may be processed or used. The rules on international legal assistance shall remain unaffected. (2) The Bundeszentralstelle shall forward to the competent authorities, at their request, the personal data required for the purposes referred to in paragraph 1. The request shall indicate the purpose for which the data is needed. (3) The applicant body shall bear the responsibility for the admissibility of the transmission. The Bundeszentralstelle (Bundeszentralstelle) shall only examine whether the request for transmission lies within the scope of the tasks of the applicant body, unless there is a special occasion for examining the admissibility of the transmission. (4) In the case of transmission to a the Federal Central Office shall inform the Federal Central Office that the data may only be processed and used for the purpose to which it is transmitted. (5) Adds a responsible body to the Affected by a law or other provisions on data protection under this Act the inadmissible or incorrect collection, processing or use of his/her personal data is damaged, according to § § 7 and 8 of the Federal Data Protection Act (Bundesdatenschutzgesetz). Unofficial table of contents

§ 10 Information of the central adoption office of the State Youth Welfare Office

(1) The adoption agency shall inform the central adoption office of the State Youth Office if a child does not have adoption candidates with the objective of adoption within three months of the conclusion of the investigation carried out by him. can be given as a child in care. The information shall not be required if, at the time of expiry, the child is guaranteed to be in the care of the child. (2) Paragraph 1 shall apply accordingly if adoption candidates carrying out an investigation are ready and appropriate; (3) In the cases referred to in the first sentence of paragraph 1, the adoption agency and the central adoption agency shall search for a child, if the adoption point is in accordance with the provisions of the first sentence of paragraph 1. suitable adoption candidates. They shall inform each other of the respective state of their efforts. In individual cases, the central adoption agency can take over the mediation of a child himself. Unofficial table of contents

§ 11 Tasks of the central adoption office of the State Youth Welfare Office

(1) The central adoption office of the State Youth Welfare Office shall assist the adoption agency in its work, in particular by providing technical advice,

1.

if a child is difficult to convey,

2.

if an adoption applicant or the child has a foreign nationality or is stateless,

3.

if an adoption applicant or the child has his residence or habitual residence outside the scope of that law,

4.

in other difficult individual cases.

(2) In the cases referred to in paragraph 1 (2) and (3), the central adoption office of the State Youth Welfare Office shall be involved from the beginning of the investigation (Section 7 (1)) by the adoption offices in its area. Documents of the type referred to in Article 16 of the adoption convention shall be submitted for consideration by the central adoption body. Unofficial table of contents

§ 12

(dropped) Unofficial table of contents

§ 13 Equipment of the central adoption office of the State Youth Welfare Office

In order to carry out their tasks, the central adoption office should include at least one pediatrician or child psychiatrist, a psychologist with experience in the field of child psychology and a lawyer, as well as social pedagogues or social workers with several years of professional experience.

Second section
Surrogate muttership

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§ 13a surrogate mother

Surrogate mother is a woman who is willing to agree on an agreement

1.

to undergo artificial or natural fertilisation, or

2.

to have a non-originating embryo transferred to itself or to be removed from it

and leave the child to third parties for acceptance as children or for other reception in the long term after birth.

Footnote

§ 13a Final Sentence (italics): Should be properly "Child", cf. Art. 1 No. 6 G v. 27.11.1989 I 2014 Unofficial table of contents

§ 13b surrogate muttermediation

Placement of a surrogate is the merging of persons who accept the child born from a surrogate motherhood or who wish to take on a permanent basis in any other way (order parents), with a woman who is responsible for the transfer of a child. Surrogate muttership is ready. Compensation for surrogacy is also the proof of the opportunity to an agreement referred to in § 13a. Unofficial table of contents

§ 13c Ban on surrogate muttermediation

The transfer of surrogacy is prohibited. Unofficial table of contents

§ 13d prohibition of advertising

It is prohibited to seek or offer surrogate mothers or ordering parents through public statements, in particular through newspaper advertisements or newspaper reports.

Third Section
Criminal and penal rules

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Section 14 Penal rules

(1) The offence is unlawful.

1.

, contrary to Article 5 (1) or (4) sentence 1, carries out a mediation activity or

2.

contrary to § 6 (1) sentence 1, also in conjunction with para. 2 or 3, or § 13d by public statements

a)

Children for adoption as a child or an adoption candidate,

b)

children or third parties for the purposes referred to in § 5 (4) sentence 1; or

c)

Surrogate mothers or ordering parents

searches or offers.

(2) Administrative offences shall also be used:

1.

, contrary to § 5 (1) or (4) sentence 1, carries out a mediation activity and thereby causes the child to be brought within the scope of this law or from the scope of this law, or

2.

commercial or commercial

a)

Contrary to § 5 para. 3, no. 1, a pregnant woman is determined to give her child or her child

b)

Contrary to § 5 para. 3 no. 2 of a pregnant woman, he/she provides assistance in the delivery of her child.

(3) In the cases referred to in paragraph 1, the administrative offence may be punishable by a fine of up to ten thousand German marks, in the cases referred to in paragraph 2, with a fine of up to fifty thousand German marks.

Footnote

Section 14 (3) italics: Euro-implementation shall be effected Unofficial table of contents

§ 14a

(dropped) Unofficial table of contents

Section 14b Criminal law against surrogacy

(1) Whoever operates a surrogate of surrogacy in breach of § 13c shall be punished with imprisonment of up to one year or a fine. (2) Anyone who receives an asset advantage for a surrogacy mediation or promises to be promised shall be punished with imprisonment punished for up to two years or a fine. If the offender acts on a commercial or commercial basis, the penalty is punishable by imprisonment of up to three years or a fine. (3) In the cases of paragraphs 1 and 2, the surrogate mother and the ordering parents are not punished.

Fourth Section
Transitional provisions

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§ 15 Continuation of entitlement to adoption agency

(1) A recognition as an adoption agency granted before 1 January 2002 shall continue to apply provisionally. It shall not be eligible for recognition until 31 December 2002, or, in the case of a timely application, with the entry into force of the decision on the application. (2) Has a recognised prior to 1 January 2002 Adoption agency international adoption agency in relation to a particular state exercised and has indicated its intention to continue this mediation activity, the central adoption office of the State Youth Office, so valid Paragraph 1 and Section 4 (2) sentence 4 accordingly. § 4 para. 2 sentence 2 of this Act as well as § 1 para. 3 of the Act of Adoption of the Act of Adoption of the Convention remain unaffected. (3) The state adoption agencies (§ 2 para. 1) have to ensure that the requirements of § 3 of 1 January 2003 to will be met. Unofficial table of contents

Section 16 Applicable Law

From the date of the entry into force of an amendment to this Act, the further implementation of a mediation commenced before the entry into force of the amendment, unless otherwise specified, shall be governed by the amended provisions. Unofficial table of contents

§ § 17 to 22 (omitted)