Regulation on the recognition of adoption agencies in free sponsorship, as well as the costs to be reimbured in the adoption conciliation procedure (AdoptionsSwitching Recognition and Cost Ordinance-AdVermiStAnKoV)

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AdVermiStAnKoV

Date of completion: 04.05.2005

Full quote:

" Adoption agency recognition and cost regulation of 4 May 2005 (BGBl. I p. 1266) "

Footnote

(+ + + Text evidence from: 19.  5.2005 + + +) 

  

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Input formula

Pursuant to section 9c (1) sentences 1 and 2 (4) and (2) of the adoption law in the version of the notice of 22 December 2001 (BGBl). 354), in conjunction with the 2nd Section of the Administrative Costing Act of 23 June 1970 (BGBl. 821), the Federal Ministry of Family Affairs, Senior Citizens, Women and Youth, in agreement with the Federal Ministry of Justice, is responsible for:

Section 1
Recognition and verification of adoption centres in free sponsorship

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§ 1 Recognition as an adoption agency

(1) The application for recognition as an adoption agency in accordance with § 2 para. 2 of the AdoptionsSwitching Act must in particular contain:

1.

the statutes of the institution,

2.

Extract from the relevant register for the legal person or association of persons,

3.

Economic Plan,

4.

Presentation of the financial position of the institution,

5.

an estimate of the average cost of an adoption conciliation procedure;

6.

Provisional certificate of public utility or certificate of corporation exemption,

7.

Presentation of the Consultative and Conciliation Concept,

8.

Presentation of the personnel composition of the adoption agency, in particular the proof of the personal and professional suitability of the skilled workers and the persons according to § 3 (1) sentence 2 of the AdoptionsSwitching Act by the submission of test and work products and the complete life cycle; and

9.

Guide certificates for the persons referred to in point 8 and the representatives of the institution.

(2) Where the adoption agency in free sponsorship is outside the jurisdiction of the central adoption office of the State Youth Welfare Office responsible for its registered office, which itself does not carry out its own adoption agency, such the application for recognition as an adoption agency shall be made exclusively to the central adoption office of the State Youth Welfare Office, which is responsible for the seat of the institution. In so far as a subsidiary call for adoption is carried out, an application as referred to in paragraph 1 shall be required to the central adoption office of the State Youth Office responsible for the seat of the branch office. (3) The adoption agency shall be placed in the free If the institution is located within the jurisdiction of another central adoption site of a national youth welfare office, it must be recognized again by the now responsible central adoption agency of the State Youth Welfare Office. If a request for re-recognition has been submitted within one month of the date of reconsideration, the previous recognition shall continue until the decision on the application for renewed recognition. Until the decision in accordance with sentence 2, the central adoption agency responsible for decisions remains responsible for decisions pursuant to § 4 (3) sentence 1 and 2 of the AdoptionsSwitching Act. Unofficial table of contents

§ 2 Admission as a recognised international exchange office

(1) The application for admission as a recognised foreign exchange pursuant to Section 2a (3) (3) of the AdoptionsSwitching Act must, in addition to the information required in accordance with § 1 (1) (1), include in particular:

1.

the designation of the Member State or States from which children are to be provided for adoption;

2.

the name of the central authority or the approved body of the home country with which the adoption conciliation procedure is to be carried out;

3.

outside 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), proof of the place referred to in point 2 by the home Member State or, in so far as the national law of the home country does not know an authorisation, proof of the professional qualification of the body,

4.

proof of cooperation with places in the home country, subject to appropriate agreements,

5.

Proof of entitlement to adoption agency in the home state,

6.

Presentation of the procedure for adoption of the adoption process, including possible project funding,

7.

Estimate of the average cost of the adoption conciliation procedure, broken down by home country, and

8.

Presentation of the special suitability in accordance with § 4 (2) sentence 3 of the AdoptionsSwitching Act.

(2) In the authorisation procedure, the other central adoption agencies of the Landesjugendämter and the Federal Central Office for International Adoption are to be involved. (3) The decision should also take into account whether the general structures of the The international adoption agency in the home state provides the guarantee for the proper handling of the international adoption mediation and does not preclude other matters pursuant to § 4 (2) sentence 3 of the adoption mediation act. (4) Can the documents referred to in paragraph 1 (3) to (5) are not yet available on the basis of , the recognition as a foreign exchange can be issued for one year on a fixed-term basis with the obligation to submit the missing documents within that period. The time limit may be extended in duly justified exceptional cases. Unofficial table of contents

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

The adoption office in the free sponsorship has the central adoption office of the State Youth Welfare Office, which has granted the recognition or approval, any substantial changes to the information pursuant to § 1 (1) and § 2 (1) without delay . These are in particular:

1.

amendments to the Statute, in particular on the basis of the transfer of the seat

2.

alteration of the representation on presentation of the documents referred to in § 1 (1) (9),

3.

The paramount of common benefit,

4.

the withdrawal of a specialist,

5.

Recruitment of a professional or a person pursuant to § 3 (1) sentence 2 of the AdoptionsSwitching Act upon presentation of the documents referred to in § 1 (1) (8) and (9),

6.

The exchange or entry of a cooperating body within the meaning of section 2 (1) sentence 1 no. 2; § 2 (1) sentence 1 no. 3 shall apply accordingly,

7.

The withdrawal of the authorisation of a cooperating body in the home state,

8.

The withdrawal of the authorisation of the adoption agency in the home country of the free-market,

9.

significant changes in the course of the adoption conciliation procedure and

10.

Resolution of the adoption agency in free sponsorship.

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§ 4 Report to the central adoption office of the State Youth Welfare Office

(1) The adoption office in the free sponsorship shall have, at the end of each calendar year, at the latest by 31 March of the following year, the central adoption office of the State Youth Welfare Office, which has granted recognition or approval, a detailed report, which shall include, in particular, the following information:

1.

the number of successfully completed adoption conciliation procedures;

2.

the number of aborted adoption conciliation procedures;

3.

the number of ongoing adoption conciliation procedures;

4.

Number of self-created suitability reports,

5.

nationality and age of mediated children,

6.

Breakdown of the average cost of an adoption conciliation procedure by home country,

7.

the economic plan for the year following the reference year;

8.

Annual accounts for the previous calendar year, which must be audited by a suitable independent body,

9.

Establishment of subsidiary bodies and a description of their tasks, insofar as no adoption agency is carried out there.

(2) The central adoption office of the State Youth Welfare Office may extend the period referred to in paragraph 1 in justified cases.

Section 2
Costs, entry into force

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§ 5 Fees

In the case of public adoption agencies, the adoption of the adoption conciliation procedure shall be:

1.	for the implementation of an international adoption conciliation procedure, including the aptitude test in accordance with § 7 (3) sentence 1 of the AdoptionsSwitching Act	EUR 2 000,
2.	for an aptitude test in accordance with § 7 (3) sentence 1 of the AdoptionsSwitching Act	EUR 1 200,
3.	for the implementation of an international adoption conciliation procedure without aptitude test in accordance with § 7 (3) sentence 1 of the AdoptionsSwitching Act	800 euros.

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§ 6 Repayment of expenses

In the case of international adoption conciliation procedures, the public adoption agency shall collect the following outlays:

1.

Expenses for the procurement of documents,

2.

Expenses for translations,

3.

Remuneration of experts.

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Section 7 Entry into force

This Regulation shall enter into force on the day after the date of delivery. Unofficial table of contents

Final formula

The Federal Council has agreed.