Adoption Minderjähriger, Entscheidung durch das Familiengericht

• §§ 186 bis 199 Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit (FamFG) – Verfahren in Adoptionssachen
• § 1741 Bürgerliches Gesetzbuch (BGB) – Zulässigkeit der Annahme
• § 1752 BGB – Beschluss, Antrag

An adoption only becomes legally valid when the family court has decided on it. This usually happens after the adoption care period has expired. The tasks of the family court in adoption matters are carried out by the local court.

Note: The family court where you filed your adoption application remains competent even if you change your habitual residence during the proceedings.

• notarised application for adoption
• notarised declaration of consent of the child over 14 years of age with the consent of the legal representative, respectively
• notarially certified declaration of consent of the legal representative to the adoption application for a child under 14 years of age, and
• notarised declarations of consent by the natural parents
• Proof of earnings, assets, debts
• Proof of identity (identity card/passport)
• police certificates of good conduct
• Birth certificates
• Registration certificates
• Health certificates/medical certificates
• Marriage certificate/civil partnership certificate
• professional statement of the adoption agency
• Hearing/participation of the Youth Welfare Office if it has not issued any professional statements

You have successfully applied to an adoption agency and finally placed a child in adoptive care with the aim of adoption in your household.

In order to finalise the adoption, the following legal aspects must be fulfilled:

• the adoption serves the best interests of the child
• it is to be expected that a parent-child relationship will develop
• the adoption care period is successful
• The interests of the adoptive parents' natural children do not conflict with the adoption
• the requirements for the age of the adoptive parents are fulfilled:
  • Married couple/partnership: one over 25, the other over 21
  • unmarried persons: over 25 years of age
  • in the case of stepchild adoption: the adopting spouse or civil partner can adopt the child of the other if she or he has reached 21 years of age
• for children over 14 years of age, the consent of the child and the consent of the legal guardian must be available
• in the case of children under 14 years of age, the consent of the legal representative must be given
• the consent of the natural parents has been given (in special cases the court may substitute the consent of the parents)
• in the case of adoption of a child of the spouse or civil partner (stepchild adoption), the consent of the spouse or civil partner is required

• Fees for the notarial certification of the adoption application
• Expenses for the issuing of the other required documents

• If you want to adopt, you as the adoptive parents or the notary authorised by you must submit a notarised adoption application to the family court.
• The family court examines all documents, involves the adoption agency, among others, and decides on the adoption.
• The court pronounces the adoption of the child by order. As soon as you have received the order, the adoption becomes legally valid and irrevocable. The child has the same rights as a natural child and receives your family name.

The family court decides on the adoption only after the adoption care period has expired.

none

non applicable