Act Of Effects Of Adoption As A Child Under Foreign Law

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

Read the untranslated law here: http://www.gesetze-im-internet.de/adwirkg/BJNR295300001.html

Law on effects of adoption as a child under foreign law (adoption effect law - AdWirkG) AdWirkG Ausfertigung date: 05.11.2001 full quotation: "adoption effect law of 5 November 2001 (BGBl. I S. 2950, 2953), most recently by article 3 of the law of June 20, 2014 (BGBl. I S. 786) has been changed" stand: last amended by art. 3 G v. 20.6.2014 I 786 for details on the stand number you see in the menu see remarks footnote (+++ text detection from) : 1.1.2002 +++) the G as article 2 G v. 5.11.2001 I 2950 (AdIntG) by the German Bundestag, with the consent of the Federal Council decided. It is as per article 6 clause 1 of this G with the exception of § 5 para 2 on 1st January 2002 entered into force. § 5 para 2 is already in force at the 10.11.2001.

§ 1 area of application the provisions of this Act apply to adoption as a child, which is based on a foreign decision or foreign substantive provisions. They do not apply if the accepted at the time of the adoption had completed 18 years of age.

Article 2 recognition and impact assessment (1) at the request of the family court finds, whether to recognize an assumption as a child in the sense of § 1, or effective and whether the parents-child relationship of the child to its previous parents through the adoption has gone out.
(2) in the case of an acceptance to be recognised or effective is in addition to determine 1 if the parent-child ratio referred to in paragraph 1 is extinguished, that the acceptance ratio is just an acceptance relationship justified after the German substantive provisions, 2. otherwise, that the acceptance ratio in consideration of parental concern and the maintenance obligation of an adoption relationship justified after the German substantive provisions is equal.
Determining pursuant to sentence 1 may be waived if at the same time transformation phrase is issued under section 3.
(3) a German family court on the basis of foreign substantive pronounce the adoption, so it has to make the observations provided for in paragraphs 1 and 2 by virtue. A statement about recognition or effectiveness of the adoption is not issued.

Section 3 conversion saying (1) in the cases of § 2 para 2 sentence 1 No. 2 can pronounce the family court at the request that the child receives the legal status of a child adopted under the German provisions, if 1 this serves the best interests of the child, 2. the necessary consents to an adoption of an effective kill the parent child relationship are granted and interests of the spouses, weighing about 3. , do not preclude the spouse or the children of or of the adopted.
On the necessity and the grant in sentence 1 No. 2 named agreements find the application for the consent to the adoption of corresponding to relevant regulations as well as article 6 of the introductory act to the civil law book. On the consent of the child is in addition § 1746 para 1 sentence 1 to 3, para 2 and 3 of the civil code to apply. Has completed 18 years of age the accepted at the time of the decision pursuant to sentence 1, the requirement is omitted pursuant to sentence 1 No. 1 (2) paragraph 1 shall apply in the cases of § 2 para 2 sentence 1 No. 1 according to, when the effects of adoption differ from the effects provided for in the German substantive provisions.

Section 4 submission; Range of the effects of the decision are (1) Antragsbefugt 1 for a determination pursuant to section 2 para 1 a) accepting, in the case of adoption by spouses each of them, b) the child, c) a previous parent or d) the registry office, which is responsible for section 27, paragraph 1, of the civil status act for the continuation of the certification of the birth in the register of births or pursuant to section 36 of the civil status act for the attestation of birth of the child;
2. for a saying according to article 3, paragraph 1 or paragraph 2 of accepting, accepting both spouses-only community.
By the request authority pursuant to sentence 1 No. 1 letter is to use only in cases of doubt. For the request pursuant to sentence 2 shall apply 1 no section 1752 para 2 and § 1753 of the civil code.
(Effect 2) a determination pursuant to section 2, as well as a statement according to § 3 for and against all. The finding has no effect pursuant to section 2 but compared to the previous parents. To say, as long as it has initiated the procedure is in the decision according to § 2 its effect to a previous parent or at the request of a pursuant to paragraph 1 sentence 1 No. was involved 1(a) to c Antragsbefugten. A previous parent involvement and the advanced impact statement pursuant to sentence 3 can be requested in a separate procedure.

§ 5 decides the family court in whose district a Court of appeal is established, jurisdiction and procedure (1) requests under paragraphs 2 and 3 for the District of this Oberlandesgericht; the Schöneberg District Court decides for the District of the kammergericht. The international and territorial jurisdiction the section apply to § 101 and 187 par. 1, 2 and 4 of the law on the procedure in family matters and in matters of voluntary jurisdiction according to.
(2) the land Governments are empowered, the jurisdiction referred to in paragraph 1 sentence 1 by regulation a family court of the District of the Court of appeal or, if in a country built several courts of appeal are assign to a family court for the districts of all or several courts of appeal. The authorization can be applied to the land justice administrative authorities.
(3) the family court decides in proceedings of voluntary jurisdiction. The sections 159 and 160 to apply paragraph 1 sentence 1, paragraph 2 to 4 of the law on the procedures in family matters and in matters of voluntary jurisdiction are according to. The procedure according to § 2 a previous parent will belongs to of § 4 paragraph 2 sentence 3 and 4 only in accordance. In proceedings pursuant to article 2 is the Federal Office of Justice as the federal Central Authority for international adoption, the procedure according to § 3 are to participate in the Youth Welfare Office and the central adoption authority of the land Youth Welfare Office.
(4) on the determination of recognition or effectiveness of an adoption of a child or of the finds through this caused extinction of the parent-child relationship of the child to its previous parent, a declaration according to article 2, paragraph 2, sentence 1, as well as on a saying of pursuant to article 3, paragraph 1 or 2, or according to § 4, paragraph 2, sentence 3 article 197, paragraph 2 and 3 of the law on the procedure in family matters and the matters of voluntary jurisdiction mutatis mutandis. In addition, decisions are subject to under this Act of the complaint; they take effect with their legal force. Section 4, paragraph 2, sentence 2 shall remain unaffected.