Adoption eines Kindes; Beantragung
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Begriffe im Kontext
Fachlich freigegeben am
Fachlich freigegeben durch
- §§ 1741 bis 1772 Bürgerliches Gesetzbuch (BGB)
- Gesetz über die Vermittlung der Annahme als Kind und über das Verbot der Vermittlung von Ersatzmüttern (Adoptionsvermittlungsgesetz - AdVermiG)
- §§ 101, 186 ff. Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit
- Art. 22 Einführungsgesetz zum Bürgerlichen Gesetzbuche (BGBEG)
Married couples or two people living in a stable partnership in a shared household, one of whom is a spouse/factual partner aged 25 and the other aged 21, as well as individuals over the age of 25, may adopt a minor child. The adoption of a minor as a child is permitted if it is in the best interests of the child and it is to be expected that a parent-child relationship will develop between the adopter and the child. An adult can also be adopted as a child (more on this under "Related topics" - "Adult adoption; application").
When the adoption becomes legally effective, the adopted child acquires the legal status of a child of the adopter; in the case of adoption by a married couple or two people living in a stable partnership in a shared household, the legal status of a joint child of the spouses/de facto partners. If an adoption decision has been made abroad in the case of an international adoption, the adoptive parents must submit an application for recognition to the competent German family court. Without recognition by the family court, the foreign adoption decision has no legal effect in Germany. A recognition procedure is only not required if a certificate in accordance with Article 23 of the Hague Adoption Convention can be presented for the foreign adoption.
Adoption mediation (the bringing together of children under the age of 18 and adoption applicants with the aim of adoption as a child) is carried out by the adoption mediation offices of the youth welfare offices and non-statutory welfare organizations after detailed consultation with the parties involved. In certain cases, the Central Adoption Office of the State Youth Welfare Office must be involved.
The consent of the child's parents - also notarized - is also required for the adoption of a minor child. Consent can only be given when the child is eight weeks old. The consent of the parents is irrevocable. However, it loses its validity if the adoptive parents withdraw their application or if the family court refuses the adoption.
The child's notarized consent is also required to adopt a child. If the child is not yet 14 years old, only their legal representative can give their consent. If the child is already 14 years old, it can only give its consent itself; it requires the consent of its legal representative.
The application to adopt a child and the necessary consents must be declared before the family court. The local family court in whose district the adopting party or one of the adopting spouses has their habitual residence is usually responsible.
- Adoption decision itself: generally not contestable, only possible annulment proceedings, appeal against hearing or constitutional complaint
- Rejection of the adoption and decisions accompanying the adoption: appeal if necessary