Regulation On Messages Of International Adoption Placement Cases To The Federal Central Authority For International Adoption

Original Language Title: Verordnung über Meldungen internationaler Adoptionsvermittlungsfälle an die Bundeszentralstelle für Auslandsadoption

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Regulation on notifications of international adoption cases to the Federal Central Office for International Adoption (AuslAdMV)

Non-official Table of Contents

AuslAdMV

Date of expiry: 11.11.2002

Full:

" International adoption of the 11-year-old-age-reporting November 2002 (BGBl. 4394), as defined in Article 4 (16) of the Law of 17. December 2006 (BGBl. I p. 3171) "

:As amended by Art. 4 (16) G v. 17.12.2006 I 3171

For details, see the Notes

Footnote

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Input Formula

Based on § 9c (1) sentence 1 and 2 no. 1 in conjunction with § 2a (5) sentence 1 no. 1 and sentence 2 of the Adoption of the Act of Adoption in the version of the Notice of 22. December 2001 (BGBl. 354), the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, in agreement with the Federal Ministry of Justice, arranges:

Section 1
General

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§ 1 Scope of application

This regulation regulates the reports of the international The Federal Office of Justice (Bundeszentralstelle für Auslandsadoption) (Bundeszentralstelle für AuslandsAdoption) is the Federal Central Office for the Federal Office of Justice (Bundeszentralstelle für Auslandsadop The Regulation applies to all cases in which
1.
the child or the adoption candidates are habitual residence abroad or
2.
the child was brought to the country within two years prior to the initiation of the conciliation procedure .

Section 2
Adoption mediation in relation to the States Parties to the Adoption Convention

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§ 2 messages for messages

(1) The federal central office is to be reported:
1.
the transmission of the report on the adoption candidates to the Central Authority of the child's home state under Article 15 (2) of the Hague Convention of 29 April 1990. May 1993 on the protection of children and cooperation in the field of international adoption (Convention on Adoption) (BGBl. 1034),
2.
the adoption of the mediation proposal from the home state of the child under Article 16 (2) of the adoption convention by the adoption candidates and
3.
the provisional or final conclusion of the conciliation procedure at the point of registration.
(2) If a mediation is established, the following shall apply: Conciliation procedure for the purposes of this Regulation shall be deemed to have been finally concluded if the decision on acceptance as a child has become effective and the child has his or her habitual residence or residence with the adoptive parents.(3) If the conciliation procedure has been provisionally closed without the adoption of an adoption, an additional notification shall be made if
1.
finally it is clear that the child is no longer eligible for adoption placement, or
2.
Adoptions applicants are no longer interested in an international adoption agency.
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§ 3 Reporting Office, Notice of Changes and Corrections

Reporting obligations under the Adoptions Act on International Adoption agency authorized body, which at the time of the event triggering the reporting obligation, leads the files of the adoption procedure. Changes, corrections or additions to the contents of a message shall be communicated to the Federal Central Office without delay. Non-official table of contents

§ 4 Contents of the messages

(1) The notification in accordance with § 2 para. 1 no. 1 must contain:
1.
Data from the bodies involved:
a)
Designated by the adoption mediation act on the international adoption agency (b
the central adoption point of the national youth welfare office responsible for adoption candidates, and
c)
responsible local adoption agency (§ 9a of the adoption mediation act)
2.
Data from the adoption candidates:
a)
family-name,
b)
birth-name,
c)
First Name,
d)
Gender,
e)
birth date,
f)
birthplace,
g)
nationality,
h)
marital status and
i)
home or habitual residence
3.
State of the home state from which the Adoption candidates want to accept a child,
4.
Date of submission of report and
5.
The information referred to in paragraph 3, no. 1 and 2, as far as these are already known.
(2) All other messages must contain:
1.
issued by the Federal Central Office on the basis of the notification in accordance with § 2 para. 1 no. 1 Method number,
2.
the information referred to in paragraph 1 (1) (a), (2) (a) and (b) and (3), and
3.
the date of the event that triggers the reporting obligation.
(3) The message in accordance with § 2 para. 1 no. 2 must also contain the following data, as far as this is known and not yet after Paragraph 1 (5) has been sent: 1.
with respect to the child:
a)
birth name,
b)
First Name,
c)
Gender,
d)
birth date,
e)
birthplace,
f)
Nationality,
g)
Residence or habitual residence
2.
with respect to the child's mother and father:
a)
family-name,
b)
birth-name,
c)
First Name,
d)
Gender,
e)
birth date,
f)
birthplace,
g)
nationality,
h)
marital status and
i)
home or habitual residence as well
3.
with regard to the procedure in the home state of the The name of the Central Authority or other competent authority, its address and the file number of the mediation procedure there.
(4) The notification in accordance with § 2 (1) no. 3 must contain the information referred to in paragraph 2 above:
1.
if the procedure is complete with the child's acceptance:
a)
the date of consent of the home state referred to in Article 17 (c) of the Adoption convention,
b)
the date of the decision on acceptance as a child and of its effectiveness,
c)
the child's family name after adoption as a child, if it differs from the accepting family name,
d)
the first name of the child after acceptance as a child and
e)
as far as the nationality of the child is Child after adoption as a child
2.
if the child's assumption is not made: the communication of this fact.

Section 3
Adoption mediation in relation to other states

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§ 5 Unique message

The conciliation procedure does not affect the relationship with other contracting states of the adoption agreement or to those states which are subject to legal regulation pursuant to § 2a (4) sentence 2 of the In accordance with § 4 (1) (1) to (3), (3) and (4) (4) (1) (b) to (e), the Federal Central Office (Bundeszentralstelle) is the Federal Central Office with the conclusion of the conciliation procedure. in summary. § 2 (2) and (3) apply accordingly.

Section 4
Procedure

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§ 6 Form and deadline for reporting of data

(1) The messages shall be transmitted by means of the remote data transmission and correspond to the model defined by the Federal Central Office. In this context, appropriate measures must be taken to ensure data protection and data security, in particular the confidentiality and integrity of the data as well as the authenticity of the data transmission and the data security. ; in the case of the use of generally accessible networks, encryption methods shall be used.(2) The notifications shall be submitted within three months of the date of the occurrence of the event which triggers the reporting obligation. Multiple notifications can be submitted within the deadline.

Section 5
Transiting and Final Provisions

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§ 7 Transitional Regulation

For international adoption mediation proceedings in relation to the contracting states of the adoption convention, which are at the time of the The entry into force of this Regulation, but not yet completed, shall be governed by § § 2 to 4 with the proviso that the notifications can be transmitted in summary upon the occurrence of a new notifiable event. Non-official table of contents

§ 8 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.