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Regulation on notifications of international adoption cases to the Federal Central Office 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, Germany)

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AuslAdMV

Date of completion: 11.11.2002

Full quote:

" International Adoption-Reporting Ordinance of 11 November 2002 (BGBl. 4394), as defined by Article 4 (16) of the Law of 17 December 2006 (BGBl I). 3171). "

Status: Amended by Art. 4 (16) G v. 17.12.2006 I 3171

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 19.11.2002 + + +) 

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Input formula

Pursuant to section 9c (1) sentence 1 and 2 no. 1 in conjunction with section 2a (5) sentence 1 no. 1 and sentence 2 of the adoption mediation act, as amended by the notice of 22 December 2001 (BGBl. 2002 I p. 354), the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, in agreement with the Federal Ministry of Justice:

Section 1
General

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§ 1 Scope

This regulation regulates the reports of the posts authorised under the Adoptionconciliation Act concerning international adoption mediation to the Federal Office of Justice as the Federal Central Office for International Adoption (Bundeszentralstelle). The Regulation shall apply to all cases of mediation in which:
1.
the child or the adoption candidates habituate their habitual residence abroad; or
2.
the child has been brought to the country within two years prior to the initiation of the conciliation procedure.

Section 2
Adoption conciliation procedure in relation to States Parties to the adoption convention

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§ 2 Events for notifications

(1) The Federal Central Office shall be notified:
1.
the transmission of the report on adoption candidates to the Central Authority of the home country of the child under Article 15 (2) of the Hague Convention of 29 May 1993 on the protection of children and cooperation in the field of international adoption (Convention on adoption) (BGBl. 2001 II p. 1034),
2.
the adoption of the conciliation 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 notification.
(2) If a mediation is established, the conciliation procedure for the purposes of this Regulation shall be deemed to have been concluded definitively if the decision on acceptance as a child has become effective and the child is habituated in his/her habitual residence or (3) If the conciliation procedure has been provisionally closed without the adoption of an adoption, an additional notification shall be made if:
1.
it is finally established that the child is no longer eligible for an adoption agency, or
2.
the adoption candidates are no longer interested in an international adoption agency.
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§ 3 Reporting Office, notification of amendments and corrections

The authority empowered to notify the international adoption agency in accordance with the law on adoption of the Adoptions Act is subject to reporting requirements, which, at the time of the event triggering the notification 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. Unofficial table of contents

§ 4 Content of notifications

(1) The notification in accordance with § 2 para. 1 no. 1 must contain:
1.
Data of the bodies involved:
a)
the name of the person responsible for the international adoption agency in accordance with the adoption conciliation law, the address and the reference number of the body responsible for the act of adoption,
b)
the central adoption site of the national youth welfare office responsible for adoption candidates; and
c)
the competent local adoption agency (§ 9a of the adoption agency act),
2.
Data of adoption candidates:
a)
Family name,
b)
birth name,
c)
First names,
d)
Gender,
e)
date of birth,
f)
Birthplace,
g)
nationality,
h)
Family status and
i)
Residence or habitual residence,
3.
Indication of the home country from which the adoption candidates would like to accept a child,
4.
Date of transmission of the report and
5.
the information referred to in paragraph 3 (1) and (2), to the extent that they are already known.
(2) All other notifications must include:
1.
the procedural number issued by the Federal Central Office pursuant to Article 2 (1) No. 1,
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 notification in accordance with § 2 para. 1 no. 2 shall also contain the following data, to the extent that they have been disclosed and not yet transmitted in accordance with paragraph 1, point 5:% 1.
with regard to the child:
a)
birth name,
b)
First names,
c)
Gender,
d)
date of birth,
e)
Birthplace,
f)
nationality,
g)
Residence or habitual residence,
2.
with regard to the mother and father of the child:
a)
Family name,
b)
birth name,
c)
First names,
d)
Gender,
e)
date of birth,
f)
Birthplace,
g)
nationality,
h)
Family status and
i)
Residence or habitual residence, as well as
3.
the name of the Central Authority or other competent authority, its address and the reference number of the conciliation procedure there, in respect of the procedure in the home state of the child.
(4) The notification in accordance with § 2 (1) no. 3 shall contain the information referred to in paragraph 2 above:
1.
if the procedure is concluded with the adoption of the child:
a)
the date of consent of the home country referred to in Article 17 (c) of the adoption convention;
b)
the date of the decision on the acceptance as a child and the date on which the child is active,
c)
the child's surname after the child has been accepted as a child, if it differs from the family name of the accepting child,
d)
the first name of the child after the adoption as a child and
e)
as far as known the nationality of the child after the adoption as a child,
2.
if the adoption of the child does not take place: the communication of that fact.

Section 3
Adoption conciliation procedure in relation to other states

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§ 5 Single report

Where the conciliation procedure relates neither to the relationship with other States Parties to the Convention nor to those States which are governed by the provisions of Article 2a (4), second sentence, of the Act on Adoption of Adoptionals, the Federal Central Office with the conclusion of the conciliation procedure in a reasonable application to submit the information according to § 4 (1) no. 1 to 3, paragraph 3 and paragraph 4 (1) (b) to (e) in a message summarised. § 2 (2) and (3) shall apply accordingly.

Section 4
Procedure

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§ 6 Form and deadline for reporting of the data

(1) The notifications shall be transmitted through the transmission of data and shall be in accordance with the model established by the Federal Central Office. In this context, appropriate measures are to 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 transmission and the data security, and the data security. (2) The notifications shall be transmitted within three months of the date of the occurrence of the event which triggers the reporting obligation. A number of notifications can be sent together within the deadline.

Section 5
Transitional and final provisions

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§ 7 Transitional Regulation

§ § 2 to 4 shall apply in respect of international adoption conciliation procedures in relation to States Parties to the adoption convention which are initiated at the date of entry into force of this Regulation but have not yet been completed. that the notifications can be sent together at the time of the entry of a new reporting event. Unofficial table of contents

Section 8 Entry into force

This Regulation shall enter into force on the day after the date of delivery. Unofficial table of contents

Final formula

The Federal Council has agreed.