Verzichtserklärung des Vaters auf Übertragung der Sorge

Consent to the adoption of a child by the natural parents is required by law under Section 1747 of the Civil Code (BGB).

Consent to the adoption of a child by the natural parents is required by law under Section 1747 of the German Civil Code (BGB). In the case of newborns, consent may not be given until the child is eight weeks old.

Pursuant to section 1747 (3) no. 3 of the Civil Code, the father may waive the right to have parental care or part thereof transferred to him alone by the family court in accordance with section 1672 (1) sentence 1 of the Civil Code.

This must be publicly certified. Pursuant to § 59.1 No. 7 of Book VIII of the Social Code, the certifying officer of the youth welfare office is authorized to do this. The youth welfare office must advise the father before the declaration of relinquishment in accordance with § 51.3 SGB VIII.

The waiver is in connection with the adoption of the child by a third party. The father can attempt to prevent the adoption by applying for the transfer of parental custody to himself in accordance with section 1747 (3) no. 2 of the Civil Code.

However, if he declares renunciation, he thereby clears the way for the adoption.

• Identity card or passport
• Acknowledgement of paternity or court order establishing paternity

Certifications by the notary public of the Youth Welfare Office are free of charge.

The youth welfare office shall advise the father in exercising his rights under section 1747 (1) and (3) of the Civil Code.

In proceedings to replace a parent's consent to adoption under section 1748 (2) sentence 1 of the Civil Code, the youth welfare office shall instruct the parent on the possibility of replacing consent.

The youth welfare office shall inform the father that the family court may not replace the consent until three months have elapsed after the instruction.

The instruction is not required if the parent has changed his or her place of residence without leaving his or her new address and the place of residence could not be determined by the youth welfare office during a period of three months despite reasonable inquiries; in this case, the period begins with the first action of the youth welfare office directed toward the instruction or toward the determination of the place of residence.

The time limits shall expire no earlier than five months after the birth of the child.

• The waiver is in connection with the adoption of the child by a third party.
• The father can attempt to prevent the adoption by applying for the transfer of parental care to himself under section 1747 (3) no. 2 of the Civil Code.

Youth welfare office of the local public youth welfare agency (counties or independent cities)