Freigabe eines Kindes zur Adoption
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If you are considering giving your child up for adoption, you will receive comprehensive advice from an adoption agency. Since parents irrevocably relinquish all rights and duties as parents when they give their child up for adoption, they should carefully consider such a decision.
If you feel overwhelmed with your child, social workers from the youth welfare offices or counselling centres run by independent or local authorities are available to talk to the parents about their worries and problems. The parents can be told about various support services and shown perspectives. In a crisis situation, for example, foster parents could temporarily take care of the child.
Expectant mothers can turn to a pregnancy counselling centre with their doubts, which also offers anonymous counselling if desired.
- The consents of both parents of the child must be available. If paternity cannot be established, consent is not required.
- If the natural parents of a child cannot be found even after reasonable enquiries, the family court may waive consent.
- Consent cannot be granted subject to a condition or a time limit. It is irrevocable.
- Consent can only be granted when the child is eight weeks old.
- Furthermore, the child's consent to adoption must be given. For a child under 14 years of age, his or her legal representative gives consent. A child over 14 years of age must consent to the adoption itself; it requires the consent of its legal representative.
Note: The alleged father has influence on an adoption if he makes it credible that he could have actually fathered the child.
- The adoption agency looks for a suitable family who will initially take the child into care.
- You consent to the adoption of your child by the established adoption applicants before a notary public. This can take place at the earliest when the child is eight weeks old. The adoption consent is notarised by the notary and becomes effective as soon as it reaches the family court. It cannot be revoked.
Exceptions: It loses its force if- the family court refuses the adoption as a child (adoption) or
- the adoptive parents withdraw their application, or
- the child is not adopted within three years of the consent taking effect.
- Your notary's office delivers the document to the family court.
- The youth welfare office becomes the child's guardian in the meantime.
- Your parental rights of custody and access and your obligation to support the child are suspended.
- After an appropriate adoption care period of approximately one year, the family court decides on the final adoption.
- Declaration of consent to adoption: eight weeks after delivery at the earliest
Attention The declaration of consent expires if the child is not adopted within three years of receipt of the consent by the court.