Act on the effects of acceptance as a child under foreign law (Act of Adoptioneffectiveness-AdpotenG)

Unofficial table of contents

AdEffective

Date of completion: 05.11.2001

Full quote:

" Adoption Act of 5 November 2001 (BGBl. I p. 2950, 2953), most recently by Article 3 of the Law of 20 June 2014 (BGBl. 786).

Status:

Last amended by Art. 3 G v. 20.6.2014 I 786

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.2002 + + +) 

  

The G was decided as Article 2 G v. 5.11.2001 I 2950 (AdIntG) of 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. Unofficial table of contents

§ 1 Scope

The provisions of this Act shall apply to an acceptance as a child based 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. Unofficial table of contents

§ 2 Recognition and impact assessment

(1) On request, the family court shall determine whether an acceptance as a child within the meaning of § 1 is to be recognized or effective and whether the child's parent-child relationship to its previous parents is to be obtained by the acceptance. (2) In the case of a To be recognised or effective, it should be noted that:

1.

if the parent-child relationship referred to in paragraph 1 is found to have been found to be equal to an acceptance ratio established in accordance with German rules of law,

2.

otherwise, the acceptance ratio is equivalent to the acceptance of the parental concern and the maintenance obligation on the part of the accepting person to an acceptance ratio based on the German rules of law.

It may be waited from the statement in accordance with the first sentence if, at the same time, a statement of conversion pursuant to § 3 is issued. (3) If a German family court has the right to accept it on the basis of foreign substantive rules, it shall have the following provisions in paragraphs 1 and to take any of its own findings. A determination on the recognition or effectiveness of the adoption does not take place. Unofficial table of contents

§ 3 Transformation

(1) In the cases of § 2 para. 2 sentence 1 no. 2, the family court may, upon request, declare that the child receives the legal status of a child accepted in accordance with the German provisions of the law, if:

1.

is to serve the best interests of the child,

2.

the necessary consents are granted on an assumption with an effect terminating the parent-child relationship, and

3.

the predominant interests of the spouse, the life partner or the children of the accepting or the employee are not in conflict.

The requirements for the assent to the adoption and the provisions of Article 6 of the Introductory Act to the Civil Code shall apply to the requirements and to the concession of the consents referred to in the first sentence of sentence 1. In addition to the child's consent, § 1746 (1) sentences 1 to 3, (2) and (3) of the Civil Code shall apply. Has the one adopted at the time of the decision in accordance with the first sentence of paragraph 18. The condition set out in the first sentence of the first sentence of the first sentence of the first sentence of paragraph 2 (2) of the first sentence of paragraph 2 shall apply if the effects of the acceptance deviate from the effects provided for in the German provisions of the provisions of the German law. Unofficial table of contents

§ 4 Application; scope of the decision-making effects

(1) eligible for application

1.

for a determination in accordance with § 2 (1)

a)

the receiving person, in the case of acceptance by spouses, each of them,

b)

the child,

c)

a previous parent or

d)

the registry office, which is responsible for the continuation of the assessment of the birth of the child in the register of births or in accordance with section 36 of the Personal Status Law for the assessment of the birth of the child according to § 27 (1) of the Personal Status Act;

2.

in the case of an objection pursuant to section 3 (1) or (2) of the accepting, accepting spouse only in a Community-based form.

The power of application referred to in the first sentence of 1 (1) (d) shall only be used in cases of doubt. § 1752 (2) and § 1753 of the Civil Code apply to the application pursuant to sentence 1 no. 2. (2) A determination according to § 2 as well as an opposition pursuant to § 3 shall act for and against all. The determination according to § 2 does not, however, have an effect on previous parents. The decision pursuant to § 2 shall also effect its effect in relation to an existing parent, provided that the parent has initiated the proceedings or has been involved in the application of an application for a claim under the first sentence of paragraph 1 (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. Unofficial table of contents

§ 5 Jurisdiction and procedure

(1) In the case of applications pursuant to § § 2 and 3, the family court, in whose district a Higher Regional Court has its seat, decides 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 to the International and Local Competence. (2) The State Governments will be governed by the law. , the jurisdiction referred to in the first sentence of paragraph 1 by means of a legal regulation 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 of several Oberlandesgericht. You can transfer the authorization to the State Justice Administrations. (3) The Family Court decides 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 pursuant to § 3 the Youth Welfare Office and the central adoption office of the State Youth Welfare Office are to be involved. (4) On the determination of recognition or The validity of an acceptance as a child or the erasure of the child's parent-child relationship to his previous parents, to a determination pursuant to § 2 (2) sentence 1 as well as to an objection pursuant to § 3 (1) or (2) or § 4 Paragraph 2 sentence 3 is to be found in Section 197 (2) and (3) of the Act on the Procedure in Family Matters and in the Matters of voluntary jurisdiction. 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.