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

Non-official table of contents

AdVermiG

Date of delivery: 02.07.1976

Full quote:

" AdoptionsMediation Act as amended by the 22. December 2001 (BGBl. 354), which was last amended by Article 8 of the Law of 10 June 2002. December 2008 (BGBl. I p. 2403) "

:Recaught by Bek. v. 22.12.2001; 2002 I 354;
last modified by Art. 8 G v. 10.12.2008 I 2403

See Notes

Footnote

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

for details on the stand specification. name="BJNR017620976BJNG000102377 " />

First Section
Adoptions mediation

Table of Contents unofficial

§ 1 Adoption agency

adoption agency is the merging of children under 18 years of age and persons who want to take a child (adoption applicants) with the aim of accepting 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. Non-official table of contents

§ 2 Adoptions switching centers

(1) The adoption agency is the task of the Jugendamtes and the State Youth Welfare Office. The Youth Welfare Office may implement the adoption agency only 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 of the Youth Welfare Office can be assigned the tasks of the Youth Welfare Office.(2) The local and central offices of the Diakonisches Werks, the German Caritas Association, the Workers ' Welfare Association and the trade associations affiliated to these associations, as well as other organizations based in the Federal Republic of Germany, are also responsible for the adoption of the adoption agency. if the authorities have been recognised as adoption centres by the central adoption office of the State Youth Welfare Office.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. Non-official table of contents

§ 2a International adoption agency

(1) The provisions of this law on international adoption mediation shall apply in all cases where the child or the adoption candidates have their habitual residence abroad or in which the child has been brought to the country within two years prior to the start of the conciliation.(2) Within the scope of the Hague Convention of 29. May 1993 on the protection of children and cooperation in the field of international adoption (BGBl. 1034) (adoption convention), the provisions of the Law on Adoption of the Adoptions Agreement of 5 May apply in addition to the provisions of the Convention on Adoption of the Convention. November 2001 (BGBl. I p. 2950). (3) The international adoption agency has the power to:
1.
the central adoption site of the Federal Youth Welfare Office;
2.
The adoption office of the Youth Welfare Office, insofar as the central adoption agency of the Youth Welfare Office (Landesjugendamtes) is responsible for this activity in relation to a
3.
3.
3.
a recognised foreign exchange office (§ 4 para. 2) within the framework of the Admission;
4.
a foreign authorized organisation within the meaning of the adoption convention, insofar as the Federal Central Office (paragraph 4, first sentence) thereof, in the On a case-by-case basis.
(4) In order to coordinate the international adoption agency, the bodies referred to in paragraph 3 and in Section 15 (2) shall work with the Federal Office of Justice as the Federal Central Office for Foreign Adoption (Bundeszentralstelle) together. 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, the Convention does not belong to the Convention, or, in whole or in part, shall carry out tasks corresponding to those of the Contracting States, which may be governed in detail by the provisions of the Convention.(5) The bodies referred to in paragraph 3 and in § 15 (2) shall have the federal central office
1.
for each An exchange within the meaning of 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, marital status and residence or ordinary person) (a) the child, his/her parents and the adoptive candidates, as well as the status of the conciliation procedure,
2.
summed up annually to the extent, course and Report on the results of their work in the field of international adoption mediation and
3.
on their request for individual cases of mediation in the sense of the , to the extent that this is necessary for the performance of the tasks referred to in paragraph 4 and in accordance with the first sentence of Article 2 (2) of the Act of Adoption of the Law on Adoption of the Adoptionals Act of 5. November 2001 (BGBl.
2950)
The obligation to notify pursuant to the first sentence of the first sentence of paragraph 1 shall be limited to a notification of the conclusion of the conciliation procedure, provided that the conciliation procedure does not relate to the relationship with other States Parties to the adoption agreement or to the conclusion of the conciliation procedure. to those States which have been determined by the regulation referred to in the second sentence of paragraph 4.(6) The Federal Central Office shall store the information provided in accordance with paragraph 5, first sentence, No. 1 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. Non-official table of contents

§ 3 Personal and professional competence of the employees

(1) Only skilled workers may be assigned the adoption agency , which are suitable for this 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 responsibility assigned to them.(2) The adoption centres (§ 2 (1) and (2)) shall be filled with at least two full-time professionals or a corresponding number of part-time workers; these professionals may not be primarily concerned with tasks of non-mediation be. The central adoption office of the State Youth Welfare Office may allow exceptions. Non-official table of contents

§ 4 Recognition as AdoptionsSwitching Center

(1) The recognition as an adoption agency within the meaning of § 2 paragraph 2 may be granted if the evidence is provided that the site
1.
meets the requirements of § 3 ,
2.
, in particular according to its working methods and the financial position of its legal entity, allows the proper performance of its tasks to be expected and
3.
is maintained by a legal person or association of persons who pursues tax-privileged purposes within the meaning of § § 51 to 68 of the tax code.
The Adoption mediation must not be the subject of a taxable commercial business.(2) In order to carry out international adoption mediation by an adoption agency within the meaning of section 2 (2), the special authorisation granted for the placement of children from one or more specific states (home states) shall be subject to special authorisation. . 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 failure to comply with the overriding concerns of cooperation with the home Member State concerned. The central adoption office of the State Youth Welfare Office and the Federal Central Office shall inform each other of findings concerning the circumstances 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 fulfilled. They shall be revoked if the conditions have subsequently been omitted. Secondary provisions on recognition or authorisation and the consequences of the infringement of a requirement shall be subject to the general rules.(4) In order to determine whether the conditions laid down in the third sentence of paragraph 1 or the second sentence of paragraph 2 continue to exist, the central adoption office of the State Youth Welfare Office shall have the right to decide on the work of the adoption agency in general and in individual cases, to inform the personal and professional suitability of their managers and employees, as well as the legal and organisational conditions and financial position of their legal entity. To the extent necessary for this purpose,
1.
the central adoption site can provide information, insight into Request documents as well as the submission of evidence;
2.
The officials responsible for the examination may be able to carry out plots of land and business premises within the usual Entering into business hours; the fundamental right of inviolability of the home (Article 13 of the Basic Law) is restricted to this extent.
(5) Objection and challenge against dispositions of the central adoption site do not have a suspensive effect Effect. unofficial table of contents

§ 5 mediation bans

(1) The adoption agency is only the youth office authorized in accordance with section 2 (1) of this Directive and National Youth Offices and the authorized bodies according to § 2 para. 2; others are prohibited from providing an adoption agency.(2) The mediation prohibition does not apply to
1.
for persons with the adoption applicant or the child up to the the third degree or are not used;
2.
for other persons who, in an individual case and free of charge, have the opportunity to accept a child, or
() It is prohibited to accept pregnant women who are domicated or habitually resident within the scope of this Act; commercial or commercial by granting or by providing an opportunity to untie outside the scope of this law
1.
To determine to leave your child there for adoption as a child,
2.
to give them help for this
(4) It is prohibited to carry out brokering activities aimed at the duration of a child receiving a child, in particular by acknowledging that a man has fatherhood for a child he has not fathered. Mediation powers arising from other legislation remain unaffected. unofficial table of contents

§ 6 Adoptionads

(1) It is prohibited to have children for adoption as a child or adoption candidate by public To seek or offer explanations, in particular through newspaper advertisements or newspaper reports. This does not apply if
1.
contains the statement that offers or requests to a by Indication of the address indicated by the adoption agency or the central adoption office (§ 2 (1) and (2)) must be addressed 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, giving an indication of a mark, shall be prohibited.(3) The first sentence of paragraph 1 shall apply in accordance with public statements relating to mediation activities in accordance with Article 5 (4) sentence 1.(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 surrogacy. Non-official table of contents

§ 7 Preparation of the mediation

(1) If the adoption agency is aware that a child is In order to prepare the conciliation procedure, it shall immediately carry out the relevant investigations in the case of the adoption candidates, the child and his family. 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 results of the investigation into the adoption applicants and the family of the child shall be communicated to the persons concerned.(2) The local adoption agency (§ 9a), in the area of which the adoption candidates habituate, shall, at the request of another adoption agency (Article 2 (1) and (2)), carry out the relevant investigations into the Adoption applicants.(3) At the request of the local adoption agency, the local adoption agency shall examine the general suitability of the adoption candidates with a habitual residence in their area for the acceptance of a child with a habitual residence 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 places referred to in § 2a (3) and § 15 (2) or
2.
a competent authority with its registered office in the Home State.
(4) On request, the Federal Central Office certifies German adoption applicants with their habitual residence abroad whether they have the legal competence to accept a child according to the German provisions of the law. 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 rules, the relevant foreign legal order shall also be designated. Non-official table of contents

§ 8 Adopers maintenance start

The child must not be given care in the adoption candidates until the child has been accustomed. (Adoptionspflege), if it is established that the adoption candidates are suitable for the adoption of the child. Non-official table of contents

§ 9 Adoption_accompaniment

(1) In the context of mediation and adoption, the adoption agency has In each case, with the agreement of the participants, the child and his/her parents are to be advised and supported in detail, especially before the child is taken care of and during the time of the concocting.(2) In so far as it is necessary for the fulfilment of the acceptance requirements established by a foreign country, adoption candidates and adoption agencies may agree in writing that they shall be during one of the following: the period to be determined following the adoption of the development of the child and reporting to the competent authority in the State concerned. With the consent of another adoption agency, it may be agreed that this body shall carry out an investigation in accordance with the first sentence and shall forward the results to the adoption agency within the meaning of the first sentence. Non-official table of contents

§ 9a Local adoption agency

The youth offices have the performance of the tasks in accordance with § § 7 and 9 for their in each area. unofficial table of contents

§ 9b mediating files

(1) records and records of each individual switching case (mediating files), calculated from the date of birth of the child, for 60 years. 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 end of the period referred to in the first sentence, the conciliation files shall be destroyed.(2) Insofar as the conciliation files relate to the origin and life story of the child or there is another legitimate interest, the legal representative of the child shall be 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. Non-official table of contents

§ 9c Implementing rules

(1) The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth is authorized to: Agreement with the Federal Ministry of Justice with the consent of the Federal Council, with the consent of the Federal Council, the details of the recognition and supervision of adoption agencies pursuant to § 2 para. 2 and § § 3 and 4, the cooperation on the The area of international adoption mediation pursuant to § 2a (4) and (5), the relevant investigations pursuant to § 7 (1), the aptitude test in accordance with § 7 (3), the certificate pursuant to § 7 (4), the adoption assistance pursuant to § 9 and the granting of To regulate the inspection of files in accordance with § 9b and the principles to be observed by the adoption agencies. By means of the legal regulation according to the first sentence, it is possible to regulate in particular:
1.
Date, outline and form the notifications pursuant to § 2a (5) sentence 1 no. 1 and 2 as well as sentence 2;
2.
Requirements for the personal and professional suitability of the staff of an adoption agency (§ § 3, 4 (1) sentence 1 no. 1);
3.
Requirements for the functioning and financial position of the legal entity of an adoption agency (§ 4 para. 1 sentence 1 no. 2);
4.
special requirements for admission to international adoption mediation (§ 4 para. 2);
5.
Application and notional evidence in the proceedings according to § 7 para. 4;
6.
Date and form of the Information to be provided to the participants on the service provision of the adoption support in accordance with § 9 (1).
(2) The legal regulation referred to in the first sentence of paragraph 1 may also provide that the institutions of the State adoption centres shall be informed of the Adoption applicants for an aptitude test pursuant to § 7 para. 3 or for an international adoption agency charges as well as outlays 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 shall 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. Non-official table of contents

§ 9d Data protection

(1) The second chapter of the Tenth Book of Social Code, with the proviso that data collected for the purposes of this Act shall only be used for the purposes of adoption or adoption, the recognition, authorisation or supervision of: Adoption agencies, the monitoring of brokers, the prosecution of crimes or other criminal offences of significant importance or international cooperation in these areas may be processed or used. The rules on international legal assistance shall remain unaffected.The Federal Central Office shall transmit 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 requesting body, unless there is a special occasion for examining the admissibility of the transmission.(4) In the case of transmission to a foreign body or to a non-national non-public body, the Federal Central Office points out that the data may only be processed and used for the purpose to which it is transmitted.(5) Where a responsible body inflicts damage on the person concerned by means of a collection, processing or use of his personal data which is illegal or incorrect in accordance with this law or in accordance with other provisions relating to data protection, such damage shall be caused by damage, § § 7 and 8 of the German Federal Data Protection Act (Bundesdatenschutzgesetz) apply. Non-official table of contents

§ 10 Information on the central adoption site of the State Youth Welfare Office.

(1) The adoption agency has the to inform the central adoption office of the State Youth Welfare Office if a child cannot be given to adoption applicants with the aim of accepting as a child within three months of the conclusion of the investigations carried out by him. Information is not required if the child is guaranteed to be given the care of the child in the administration of the administration.(2) Paragraph 1 shall apply mutatily if adoption candidates carrying out an investigation are ready and appropriate to take up a difficult-to-mediated child, provided that the adoption candidates are informed of the central adoption site .(3) In the cases referred to in the first sentence of paragraph 1, the adoption agency and the central adoption agency shall search for appropriate 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. Non-official table of contents

§ 11 Tasks of the central adoption site of the State Youth Welfare

(Landesjugendamtes) (1) The central adoption office of the State Youth Welfare Office Supports the adoption agency in its work, in particular by providing expert advice,
1.
if a child is difficult to convey,
2.
if an adoption candidate or the child is a foreign Nationality is or is stateless,
3.
if an adoption applicant or the child is domicated or habitually resident outside the scope of the application of this 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 (Landesjugendamte) shall be from the beginning of the investigation (Article 7 (1)) to be carried out by the adoption agencies in their 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

(omitted) 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 is to have at least one paediatrician or child psychiatrist, a psychologist with experience on the The area of child psychology and a lawyer, as well as social pedagogues or social workers with several years of professional experience are available.

Second section
surrogacy

Non-Official Table of Contents

§ 13a surrogate mother

surrogate mother is a woman who is ready due to an agreement,
1.
to subject to artificial or natural fertilization or
2.
a non-originating embryo to be transferred to itself or to be worn out
and the child after birth for adoption as a child or for other admission in the long term.

Footnote

§ 13a Final sentence (italic print): Should be properly "child", cf. Art. 1 No. 6 G v. 27.11.1989 I 2014 Non-official table of contents

§ 13b Replacement of surrogate muttermediation

the merging of persons who are responsible for the transfer of the Accept a child born of a surrogacy or, in any other way, would like to take on a permanent basis (order parents), with a woman who is ready to take over a surrogate mother. Compensation for surrogacy is also the proof of the opportunity to an agreement referred to in § 13a. Non-tampering table of contents

§ 13c Prohibition of surrogate muttermediation

The surrogate mediation is prohibited. unofficial table of contents

§ 13d prohibition of advertising

It is prohibited to use public statements, in particular by means of public statements, by surrogate mothers or ordering parents. Find or offer newspaper ads or newspaper reports.

Third section
Criminal and Penal Rules

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§ 14 fines

(1) illegal, who is
1.
contrary to § 5 para. 1 or 4 sentence 1, a mediation activity is exercised or
2.
contrary to § 6 para. 1 sentence 1, Also in conjunction with para. 2 or 3, or § 13d by public statements
a)
Children to be accepted as Child or adoption candidate,
b)
Children or third parties to the purposes specified in § 5 (4) sentence 1 or
c)
surrogate mothers or ordering parents
searches or offers.
(2) Administrative Offers are also who
1.
contrary to § 5 para. 1 or 4 sentence 1 exercises a mediation activity and thereby causes the child to be the scope of this Act or from the scope of this Act, or
2.
Business or Business
a)
contrary to § 5, paragraph 3, no. 1, a pregnant woman determined to give her child, or
b)
contrary to § 5 para. 3 no. 2 of a pregnant woman for the delivery of her child
(3) The administrative offence can be fine in the cases of paragraph 1 with a fine up to ten thousand Deutsche Mark, in the cases of paragraph 2 with a fine of up to fifty thousand German marks are punished.

Footnote

§ 14 para. 3 italic print: Euro-implementation to take place A non-official table of contents

§ 14a

(omitted) unofficial table of contents

§ 14b Criminal law against surrogacy placement

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

Fourth Section
Transitional Provisions

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§ 15 retribution of the adoption agency entitlement

(1) One before 1 Recognition as an adoption agency shall be continued on a provisional basis. It shall be deleted, if not until 31. The Commission shall, in the case of a timely application, once again apply for recognition or, in the case of a timely application, the indispuability of the decision on the application.(2) Has one before 1. In January 2002, the adoption agency recognized international adoption mediation in relation to a given state and its intention to continue this mediation activity, the central adoption office of the State Youth Welfare Office , the provisions of paragraph 1 and the fourth sentence of Article 4 (2) shall apply accordingly. § 4 (2) sentence 2 of this Act as well as § 1 para. 3 of the Act of Adoption of the Law on Adoption of the Convention remain unaffected.(3) The public adoption agencies (§ 2 para. 1) shall ensure that the requirements of § 3 of 1. The European Parliament and the Council Unofficial Table Of Contents

§ 16 Applicable Law

From the date of entry into force of an amendment to this Act, the other Implementation of a conciliation procedure commenced prior to the entry into force of the amendment, unless otherwise specified, in accordance with the amended provisions. Non-official table of contents

§ § 17 to 22 (omitted)