Ordinance On The Recognition Of Adoption Agencies In Free Sponsorship, As Well As The Costs To Be Reimbursed In Adoption Process

Original Language Title: Verordnung über die Anerkennung von Adoptionsvermittlungsstellen in freier Trägerschaft sowie die im Adoptionsvermittlungsverfahren zu erstattenden Kosten

Read the untranslated law here: http://www.gesetze-im-internet.de/advermistankov/BJNR126600005.html

Ordinance on the recognition of adoption agencies in free sponsorship, as well as the costs to be reimbursed in adoption conciliation (Adoptionsvermittlungsstellenanerkennungs - and costs regulation - AdVermiStAnKoV) AdVermiStAnKoV Ausfertigung date: 04.05.2005 full quotation: "Adoptionsvermittlungsstellenanerkennungs - and costs Ordinance of 4 May 2005 (BGBl. I p. 1266)" footnote (+++ text detection from: 19-5.2005 +++) input formula on the basis of § 9 c para 1 sentence of 1 and 2 No. 4 and para. 2 of the adoption placement act as amended by the notice of 22 December 2001 (BGBl. 2002 I p. 354) in conjunction with the 2nd section of the administrative expenses Act by June 23, 1970 (BGBl. I p. 821) enacted the Federal Ministry for family, senior citizens, women and youth in agreement with the Federal Ministry of Justice: section 1 recognition and recognition as adoption agency (1) the application for recognition as adoption agencies according to § 2 para 2 of the adoption placement Act must in particular include review of adoption agencies in free sponsorship § 1: 1 statute of the carrier, 2. extract from the register of the relevant to the legal person or Association of persons , 3. business plan, 4. presentation of the financial position of the wearer, 5. estimate of the average cost of an adoption placement procedure, 6 provisional certificate of charitable status or Corporation exemption order, 7 presentation of counselling and mediation programme, 8 presentation of the personnel composition of the adoption agency, in particular proof of personal and professional competence of practitioners and of persons according to § 3 para 1 sentence 2 of the adoption placement Act through the submission of testing and work certificates and full CV , and 9 clearance certificates to the persons referred to in point 8 and the representative of the carrier.
(2) the adoption agency in free sponsorship outside the jurisdiction of the competent for their seat central adoption authority of the land Youth Welfare Office has extensions, which themselves do not own adoption agency, the application for recognition as the adoption agency solely on the for the carrier central adoption authority of the land Youth Welfare Office is to make. As far as an extension of adoption agency carries out, needed an application pursuant to paragraph 1 to the competent for the seat of the extension Center of adoption of the land Youth Welfare Office.
(3) the adoption agency in free sponsorship moved its seat within the jurisdiction of an other central adoption authority of land Youth Welfare Office, it needs the renewed recognition by the now central adoption authority of the land Youth Welfare Office. Unless an application for renewed recognition has been situated within one month after the transfer, the previous tribute to continue until a decision on the application for renewed recognition. Until the decision pursuant to sentence 2, the previously central adoption authority for decisions remains responsible after § 4 para 3 sentence 1 and 2 of the adoption placement Act.

§ 2 registration as a recognized international agency (1) the request for approval as recognised foreign agencies according to § 2a para 3 No. 3 of the adoption placement Act must in addition to the information required pursuant to section 1 para 1 in particular contain: 1. naming of States, which taught children for adoption should be 2. designation of the central authority or the approved body in the country of origin, the adoption agency procedures should be performed with the , 3. outside 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) proof of accreditation of the agency according to paragraph 2 by the State of origin or, where the national law of the home country authorisation does not know, evidence of professional qualifications of the job, 4 proof of cooperation with institutions in the country with submission of the appropriate agreements , 5 proof of eligibility to the adoption agency in the country, 6 description of the sequence of adoption conciliation including any project funding, 7 estimate of average costs of adoption mediation proceedings, broken down by countries of origin, and 8 explanation of the special suitability according to § 4 paragraph 2 sentence 3 of the adoption placement Act.
(2) in the authorisation procedure, the other central adoption authorities of the land Youth Welfare Office and the federal Central Authority for international adoption are to participate.
(3) when the decision is taken into consideration, whether the General structures of the international adoption agency in the country offer the guarantee of correct implementation of the international adoption agency and other concerns do not preclude according to § 4 paragraph 2 sentence 3 of the adoption placement Act.
(4) can due to the procedures state the documents still not No. 3 to 5 referred to in paragraph 1 be presented, recognition as a foreign operator to one year may be granted temporary condition, to submit the missing documents within this time. The period may be extended in exceptional cases.

Section 3 briefing the central adoption authority of the land Youth Welfare Office has the adoption agency independent central adoption where the land Youth Welfare Office has granted recognition or approval, material changes to the information to inform article 1, paragraph 1, and article 2, paragraph 1. These are in particular: 1 amendment of the statutes, in particular due to transfer of the seat, 2 change of the representation under template in section 1 para 1 documents referred to in no. 9, 3. abolition of public utility, 4. leaving a professional, 5. setting a professional or a person according to § 3 para 1 sentence 2 of the adoption placement act under template in section 1 para 1 No. 8 and 9 documents referred , 6 change or appearance to a cooperating body within the meaning of § 2 para 1 sentence 1 No. 2; § 2 para 1 sentence 1 No. 3 is apply mutatis mutandis, 7 elimination of approved shop anywhere in the country, 8 Elimination of the approval of the adoption agency in free sponsorship in the country, 9 significant changes in the procedure of adoption placement and 10 dissolution of the adoption agency in free sponsorship.

§ 4 report to the central adoption Department of the land Youth Welfare Office (1) which has independent adoption agency the central adoption service of the land Youth Welfare Office, which issued the recognition or approval at the end of each calendar year until no later than 31 March of the following year include the following information to submit a detailed report must: 1 number of completed adoption placement procedures, 2. number of aborted adoption placement procedures, 3. number of current adoption placement process , 4 number of self-created suitability reports, 5. nationality and year following mediated age, 6 breakdown of the average cost of an adoption conciliation procedure after home States, 7 economic plan for the report year, 8 is annual accounts for the previous calendar year, which must be tested, 9. creating extensions and a description of their duties, as far as there no adoption agency is conducted by an appropriate independent body.
(2) the central adoption authority of the land Youth Welfare Office may extend the period referred to in paragraph 1 in justified cases.
Section 2 costs, entry into force article 5 fees run adoption conciliation, are State adoption agency to charge following fees: 1 for the completion of international adoption placement process including an aptitude test according to § 7 para 3 sentence 1 of the adoption placement Act 2 000 euro, 2. for an aptitude test according to § 7 para 3 sentence 1 of the adoption placement Act 1 200 euro, 3. for the implementation of an international adoption conciliation procedure without qualifying examination according § 7 para 3 sentence 1 of the adoption placement Act 800 euro.

Article 6 reimbursement of expenses for international adoption conciliation collects the State adoption agency the following expenses: 1. expenses for the acquisition of certificates, 2. expenses for translation, 3. remuneration of experts.

Article 7 entry into force this regulation enters into force on the day after the announcement.

Concluding formula the Federal Council has approved.