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

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Regulation on the recognition of adoption agencies in free sponsorship, as well as the costs to be reimburse in the adoption conciliation procedure (Adoptionexchange recognition and costing regulation-AdVermiStAnKoV)

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AdVermiStAnKoV

date of delivery: 04.05.2005

full quote:

" AdoptionsSwitching site recognition and cost ordinance of 4. May 2005 (BGBl. I p. 1266) "

Footnote

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

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Inbox formula

Based on § 9c (1) sentence 1 and 2 nos. 4 and 2 of the Adoption of the Act of Adoption in the version of the Notice of 22. December 2001 (BGBl. 2002 I p. 354) in conjunction with the 2. 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 ordering:

Section 1
Recognition and verification of adoption agencies in free sponsorship

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§ 1 Recognition as an adoption agency

(1) The application to Recognition as an adoption agency in accordance with § 2 para. 2 of the AdoptionsSwitching Act must in particular include:
1.
The carrier's statutes,
2.
Excerpt from the authoritiy for the legal person or association Register,
3.
Business Plan,
4.
The financial position of the Carrier,
5.
Estimate of the average cost of an adoption mediation process,
6.
provisional attestation of public utility or corporate release notice,
7.
Darlaying of the consultation and placement concept,
8.
The presentation of the staff composition of the adoption agency, in particular proof of personal and personal data, the professional competence of the experts and the persons according to § 3 (1) sentence 2 of the Adoptions Act by the submission of examination and work products and the complete CV, as well as
9.
Guide products for the persons mentioned in point 8 and the representatives of the wearer.
(2) Has the adoption agency in free sponsorship outside of the The jurisdiction of the central adoption office of the State Youth Welfare Office responsible for its seat, which itself does not carry out its own adoption agency, is the application for recognition as an adoption agency. 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 in accordance with paragraph 1 shall be required to the central adoption office of the State Youth Welfare Office responsible for the seat of the branch office.(3) In the case of a free sponsorship, the adoption agency shall be placed under the jurisdiction of another central adoption agency of a national youth welfare office, so that it shall be required to regain recognition by the central office now responsible. Adoption site 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. Non-official table of contents

§ 2 Admission as a recognized foreign exchange office

(1) The application for admission as recognized In addition to the information required in accordance with § 1 (1) (1), the foreign exchange office in accordance with Section 2a (3) (3) of the AdoptionsSwitching Act must, in particular, include:
1.
Naming the or the states from which children should be used for adoption
2.
label 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 Application area 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 state or, in so far as the national law of the home state does not know an authorisation, proof of the professional qualification of the body,
4.
Proof of collaboration with places in the home state, with appropriate agreements,
5.
Evidence of adoption agency permission in the home state,
6.
Presentation of the flow of the Adoption conciliation procedure, including possible project funding,
7.
Estimate of the average cost of the adoption conciliation procedure, broken down by home country, and
8.
The special suitability according to § 4 paragraph 2 sentence 3 of the adoption mediation act.
(2) In the admissions procedure, the remaining participate in the central adoption offices of the Landesjugendämter (Landesjugendämter) and the Federal Central Office for International Adoption.(3) It should also be taken into account in the decision whether the general structures of the international adoption agency in the home state provide the guarantee for the proper handling of the international adoption agency and other concerns in accordance with Section 4 (2), third sentence, of the Act on Adoption of Adoptionals Act.(4) If, on the basis of the state of the proceedings, the documents referred to in paragraph 1 (3) to (5) cannot yet be submitted, the recognition as a foreign exchange may be issued for one year on a fixed-term basis, and within that period the missing Documents to be submitted. The time limit may be extended in duly justified exceptional cases. Non-official table of contents

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

The adoption agency in free The central adoption office of the State Youth Welfare Office, which has granted the recognition or approval, must notify the central adoption office of the State Youth Welfare Office without delay of any significant changes in relation to the information in accordance with § 1 (1) and § 2 (1). In particular, these are:
1.
Amendment of the Articles of Association, in particular due to the relocation of the Seat,
2.
Modification of the representation on presentation of the documents referred to in § 1 para. 1 no. 9,
3.
Omission of commonness,
4.
Exting a Specialist,
5.
Cessation of a professional or a person according to § 3, paragraph 1, sentence 2 of the adoption placement act upon presentation of the documents referred to in § 1 para. 1 no. 8 and 9,
6.
Changing or entering a cooperating body within the meaning of § 2 para. 1 sentence 1 no. 2; § 2 para. 1 sentence 1 no. 3 is to be applied accordingly,
7.
omitting the approval of a cooperating post in the home state,
8.
omission of the approval of the Adoption agency in the home state,
9.
substantial changes in the expiration of the adoption conciliation procedure and
10.
Resolution of the free-support adoption center.
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§ 4 Report to the central adoption office of the State Youth Welfare

(Landesjugendamtes) (1) The adoption office in the free sponsorship has the central adoption office of the State Youth Welfare Office, which is the recognition or admission , at the end of each calendar year, at the latest by 31. to submit a detailed report, in particular the following information:
1.
Number of successfully completed adoption mediation procedures,
2.
Number of aborted Adoption mediation procedure,
3.
Number of pending adoption mediation procedures,
4.
Number of self-created aptitude reports,
5.
Nationality and age of the mediated Children,
6.
Breakdown of the average cost of an adoption mediation process by home country,
7.
Business Plan for the year following the report year,
8.
Elapsed year for expired Calendar year, which must be checked by a suitable independent body,
9.
Setting up of subsidiary points and a description of their tasks, if there is no
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

Lead state adoption agencies to the adoption mediation procedure the following charges:

.for the implementation of an international Adoption conciliation procedure including the aptitude test in accordance with § 7 paragraph 3 sentence 1 of the adoption exchange law2 000 euro,
2. for an aptitude test in accordance with § 7 paragraph 3 sentence 1 of the adoption placement law1 200 Euro,
3. for the implementation of an international adoption mediation process without an aptitude test in accordance with § 7 paragraph 3 sentence 1 of the adoption placement law800 Euro.
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§ 6 Repayment of expenses

In the case of international adoption procedures, the state adoption switching office:
1.
Procurement of Documents,
2.
Translations expenses,
3.
Remuneration of Experts.
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§ 7 Entry into force

This regulation will enter into force on the day after the announcement. Non-official table of contents

Final formula

The Bundesrat has agreed.