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

Read the untranslated law here: http://www.gesetze-im-internet.de/ausladmv/BJNR439400002.html

Regulation on messages of international adoption placement cases to the federal Central Authority for international adoption (Auslandsadoptions reporting regulation AuslAdMV) AuslAdMV Ausfertigung date: 11.11.2002 full quotation: "Auslandsadoptions reporting regulation of 11 November 2002 (BGBl. I S. 4394), by article 4 section 16 of the Act of December 17, 2006 (BGBl. I S. 3171) is changed" stand: as amended by article 4 paragraph 16 G v. 17 Dec 2006 3171 for details on the stand number you find in the menu see remarks footnote (+++ text detection from) : Meet +++) input formula on the basis of § 9c para 1 sentence of 1 and 2 No. 1 in conjunction with § 2a paragraph 5 sentence 1 No. 1 and clause 2 of the adoption placement act as amended by the notice of 22 December 2001 (BGBl. 2002 I p. 354) enacted the Federal Ministry for family, senior citizens, women and youth in agreement with the Federal Ministry of Justice: section 1 General article 1 scope this regulation lays down the messages of positions authorized under the adoption placement Act to the international adoption agency that Federal Office of Justice as a federal Central Authority for international adoption (Federal Center). The regulation applies to all mediation cases, the child or adoption applicants have their habitual residence in the foreign country where 1 or 2. the child has been installed two years prior to the initiation of the conciliation procedure in the country.
Section 2 adoption conciliation are occasions for notifications (1) the federal Central Authority in relation to Contracting States of the adoption Convention article 2 to report: 1 the submission of the report on the adoption applicants to the central authority of the country of origin of the child under article 15 para. 2 of the Hague Convention of 29 May 1993 on protection of children and cooperation on the field of intercountry adoption (adoption Convention) (BGBl. 2001 II p. 1034) , 2. the acceptance of the mediation proposal from the home state of the child pursuant to article 16 para 2 of the adoption Convention by the adoption applicants and 3. the provisional or definitive conclusion of the conciliation procedure on the reporting point.
(2) a conciliation is reached, the conciliation procedure is considered for the purposes of this regulation finally completed, if the decision on the adoption of a child has become effective and the child has its habitual residence or place of residence when the adoptive parents.
(3) the conciliation procedure provisionally completed been, without having an adoption is established, an additional message occurs when 1 is finally fixed, that the child for an adoption placement no longer be considered, or 2. adoption applicants an international adoption agency are clearly no longer interested in.

§ 3 reporting job, notification of changes and adjustments reportable is the authority authorised the adoption placement Act of international adoption agency that leads the files of the adoption process at the time of the event triggering the reporting requirement. A change of file-leading authority as well as changes, corrections or additions to the contents of a message are the federal Central Office must be notified immediately.

§ 4 content of the messages (1) that message must according to § 2 para 1 No. 1 include: 1 data of the stakeholders: a) designation of the adoption agency law to the international adoption agency file leading authorised authority, whose address and file number, b) central adoption authority of the land youth welfare office responsible for the adoption applicants and c) competent local adoption agency (section 9a of the adoption placement Act), 2 data of adoption applicants: a) family name, b) birth name , c) given name, d) gender, e) date of birth, f) birthplace, g) nationality, h) marital status and i) residence or habitual residence, 3. indication of the country of origin from the adoption applicants want to adopt a child, 4. date of transmission of the report, as well as 5. information pursuant to paragraph 3 Nos. 1 and 2, as far as these already are known.
(2) all other messages must contain: 1 by the federal Central Office on the basis of the notification according to § 2 para 1 No. 1 awarded procedure number, 2. the information referred to in paragraph 1 No. 1 letter a, no. 2 letter a and b and no. 3, and 3. the date of the event triggering the reporting requirement.
(3) the notification according to § 2 para 1 No. 2 must also contain data, insofar as these known and still not communicated pursuant to paragraph 1 No. 5: % 1.
bezüglich des Kindes:
a)
Geburtsname,
b)
Vornamen,
c)
Geschlecht,
d)
Geburtsdatum,
e)
Geburtsort,
f)
Staatsangehörigkeit,
g)
Wohnsitz oder gewöhnlicher Aufenthalt,
2.
bezüglich der Mutter und des Vaters des Kindes:
a)
Familienname,
b)
Geburtsname,
c)
Vornamen,
d)
Geschlecht,
e)
Geburtsdatum,
f)
Geburtsort,
g)
Staatsangehörigkeit,
h)
Familienstand und
i)
Wohnsitz oder gewöhnlicher Aufenthalt sowie
3.
bezüglich des Verfahrens im Heimatstaat des Kindes die Bezeichnung der Zentralen Behörde oder sonstigen zuständigen Stelle , whose address and the reference number of the conciliation procedure.
(4) the message according to § 2 para 1 No. 3 must the information referred to in paragraph 2, include: 1. when the process is completed with the adoption of the child: a) the date of the consent of the country of origin under article 17 letter c of the adoption Convention, b) the date of the decision on the adoption of a child and their effect, c) the family name of the child after the adoption of a child , if different from the surname of the adopted, d) the given name of the child after the adoption as a child and e) as far as the nationality of the child known after the adoption of a child, 2. If the adoption of the child does not: the communication of that fact.
Section 3 adoption conciliation compared to other States § 5 unique message concerns the conciliation procedure neither the ratio are to other Contracting States of the adoption Convention to such States, which determines the adoption placement Act by regulation according to § 2a para 4, sentence 2, the federal Central Authority at the end of the mediation procedure in by analogy with the information according to article 4, paragraph 1 Nos. 1 to 3, paragraph 3 and paragraph 4 No. 1 letter b to e in a message brought together to submit. Section 2, paragraph 2 and paragraph 3 shall apply mutatis mutandis.
Section 4 procedure article 6 be delivered form and deadline of the messages the data (1) should the messages by way of remote data transmission and conform to the model laid down by the federal Central Authority. Here are the respective State of the art measures to ensure data protection and data security to meet, providing in particular the confidentiality and integrity of the data, as well as the authenticity of the transmitting and the receiving authority; the use of accessible networks are encryption methods to use.
(2) the messages are within three months after the occurrence of the event triggering the reporting requirement to submit. Multiple messages can be transmitted together within the time limit.
Section 5 transitional and final provisions article 7 transitional arrangements for international adoption placement procedures in relation to the adoption Convention, Contracting States are started but not yet completed at the time of entry into force of this regulation, apply paragraphs 2 to 4 with the proviso that the messages in the event of a new reportable event is can be transmitted together.

Article 8 entry into force this regulation enters into force on the day after the announcement.

Concluding formula the Federal Council has approved.