Act Of Effects Of Adoption As A Child Under Foreign Law

Original Language Title: Gesetz über Wirkungen der Annahme als Kind nach ausländischem Recht

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Act on the effects of acceptance as a child according to foreign law (adoption action law-AdEffective G)

unofficial table of contents

adeffectG

date of departure: 05.11.2001

Full quote:

" AdoptionsImpact Act of 5. November 2001 (BGBl. 2950, 2953), which was last amended by Article 3 of the Law of 20 June 2003. June 2014 (BGBl. I p. 786) "

:Last modified by Art. 3 G v. 20.6.2014 I 786

For details, see the Notes

Footnote

(+ + + text evidence from: 1.1.2002 + + +)

menu.
has been referred to as Article 2 G v. 5.11.2001 I 2950 (AdIntG) approved by the Bundestag with the consent of the Bundesrat. It's gem. Article 6, first sentence, of this G, with the exception of section 5 (2), entered into force on 1 January 2002. Section 5 (2) has already entered into force on 10 November 2001. Non-official table of contents

§ 1 Scope of application

The provisions of this law apply to an acceptance as a child who is on a foreign decision or on foreign substantive rules. They shall not apply if, at the time of adoption, the date of adoption of the 18. Year of life was completed. Non-official table of contents

§ 2 Recognition and impact assessment

(1) On request, the family court shall determine whether an acceptance as a child in the The purpose of § 1 is to be recognised or effective and whether the child's parent-child relationship with its previous parents is to be obtained by the acceptance.(2) In the event of an acceptance or effective acceptance, it should also be noted,
1.
if that in The parent-child relationship referred to in paragraph 1 shall be that the acceptance ratio is equivalent to an acceptance ratio based on German rules,
2.
otherwise, that the acceptance ratio in the sight of the parental concern and the maintenance obligation of the accepting person is based on an acceptance ratio based on the German rules of law
The statement in accordance with the first sentence may be waited if, at the same time, a conversion statement in accordance with § 3 is issued.(3) A German family court shall, on the basis of foreign substantive rules, issue the assumption that it shall make the findings of its own motion provided for in paragraphs 1 and 2 of this Article. A determination on the recognition or effectiveness of the adoption does not apply. Non-official table of contents

§ 3 Compile objection

(1) In the cases of § 2 para. 2 sentence 1 no. 2, the family court may apply on request, that the child receives the legal status of a child accepted in accordance with the German provisions of the law, if
1.
this is for the child's well-being,
2.
the required consents to an assumption with one of the Parent-child relationship has been terminated and
3.
predominant interests of the spouse, the partner or the children of the accepting or the child The
and the grant of the consents referred to in the second sentence of sentence 1 shall apply to the provisions governing acceptance of the adoption and to Article 6 of the Introductory Act to the Council. Civil code corresponding to the application. In addition to the child's consent, § 1746 (1) sentences 1 to 3, (2) and (3) of the Civil Code shall be applied. Has the one adopted at the time of the decision in accordance with the first sentence of paragraph 18. The condition referred to in the first sentence of paragraph 1 shall not apply.(2) In the cases referred to in Article 2 (2), first sentence, no. 1, paragraph 1 shall apply mutatily if the effects of the acceptance differ from the effects provided for in the German provisions of the provisions of the law. Non-official table of contents

§ 4 Application; reach of the decision effects

(1) Eligible for application
1.
for a determination in accordance with § 2 para. 1
a)
the accepting, in the case of adoption by spouses, each of them,
b)
the child,
c)
a previous parent, or
d)
the registry office, which pursuant to § 27 (1) of the Personal Status Law for the continuation of the birth of the child in the birth register or according to § 36 of the Personal Status Act for the assessment of the birth of the child is competent;
2.
for an objection pursuant to § 3 (1) or (2) of the accepting, accepting spouse only
The application of the application pursuant to the first sentence of 1 (1) (d) shall only be used in case of doubt. § 1752 (2) and § 1753 of the Civil Code apply to the application pursuant to sentence 1 (2).(2) A determination in accordance with § 2 as well as an objection pursuant to § 3 shall act for and against all. The determination according to § 2 does not, however, have an effect on previous parents. In the decision pursuant to § 2, the effect of the decision shall also be against an existing parent, provided that the parent has initiated the proceedings or has been involved in the application of an application by an application under the first sentence of paragraph 1 (1) (a) to (c). The participation of a previous parent and the extended scope of action according to sentence 3 may be requested in a separate procedure. Non-official table of contents

§ 5 Jurisdiction and procedure

(1) The family court in whose district decides on applications pursuant to § § 2 and 3 shall decide on applications for Oberlandesgericht (Higher Regional Court) has its seat, for the district of this Higher Regional Court; for the district of the Chamber Court, the district court of Schöneberg decides. § § 101 and 187 (1), (2) and (4) of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction apply accordingly for international and local jurisdiction.(2) The State Governments shall be authorised to have jurisdiction under the first sentence of paragraph 1 by means of a legal decree to another family court of the Oberlandesgericht district or, if several Oberlandesgericht (Oberlandesgericht) are established in one country, to a family court for the districts of all or several Higher Regional Courts. You can transfer the empowerment to the State Justice Administrations.(3) The family court shall decide in the procedure of voluntary jurisdiction. § § 159 and 160 (1) sentence 1, paragraphs 2 to 4 of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction shall apply accordingly. In the proceedings according to § 2, a previous parent shall only be heard in accordance with § 4 (2) sentence 3 and 4. In the proceedings according to § 2, the Federal Office of Justice is the Federal Central Office for International Adoption, and in the proceedings according to § 3 the Youth Welfare Office and the central adoption office of the State Youth Welfare Office are to be involved.(4) To determine the recognition or efficacy of an acceptance as a child or the erasure of the parent-child relationship of the child to his previous parents, to a determination pursuant to § 2 (2) sentence 1 as well as to a statement of the child's parents. In accordance with § 3 (1) or (2) or § 4 (2) sentence 3, § 197 (2) and (3) of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction shall apply. In addition, decisions under this law shall be subject to the appeal; they shall be effective with their legal force. The second sentence of Section 4 (2) remains unaffected.