Replacing the consent of one parent to the adoption
Service description
You want to give your child up for adoption and the child agrees, but the other parent has not given the necessary consent? Then the family court can replace this missing consent in certain exceptional cases.
The replacement of consent is intended to prevent significant negative consequences for the child concerned if it cannot be adopted. Mild disadvantages do not justify the replacement of consent to an adoption.
If a parent shows indifference towards the child, the youth welfare office must inform the parent that it is possible to replace the consent. It must inform the parent that the family court may only replace the consent 3 months after the instruction.
This instruction is not required if the whereabouts of the other parent are not known and cannot be established within 3 months despite the efforts of the youth welfare office.
This counselling does not take place if
- the child has already been in the care of the family wishing to adopt it for some time, and
- serious harm to the child would be expected if the child were taken into the household of the parent.
In cases where, for example, you as the mother have sole parental custody, the youth welfare office must advise the father about his legal options. This refers, for example, to the possibility of the father applying for sole parental custody of the child.
Procedure
- The application does not require any special form. It can be submitted in writing to the locally competent family court or declared for the record at the legal application centre.
- Only the child itself is authorised to apply:
- For a child who has not yet reached the age of 14, the legal representative applies to replace the consent of the parent on behalf of the child. If the child has reached the age of 14 and is not legally incapacitated, they must apply for the replacement themselves.
- The family court
- involves the parent whose consent is to be replaced,
- appoints a guardian ad litem for the child if necessary,
- hears the youth welfare office and, if necessary, involves it at its own request,
- decides by resolution whether it replaces the consent of a parent.
- The decision shall be notified to the parties involved with information on legal remedies; it shall be served on the party whose declared will it does not correspond to.
- The proceedings must be finalised before a decision can be made on an application for acceptance. The replacement of the consent becomes effective when the decision becomes legally binding.
Who should I contact?
Contact the youth welfare office. Only after you have been instructed can the family court replace the consent.
Prerequisites
It is possible to replace the consent of one parent to the adoption,
- if he/she is indifferent towards the child or grossly violates his/her duties towards the child for a longer period of time,
- if it would be associated with particularly serious (disproportionate) disadvantages for the child concerned if an adoption does not take place,
- if this parent has committed a particularly serious breach of parental duties and for this reason it can be assumed that the child will never live in this parent's household,
- if one parent suffers from a particularly serious mental illness or a particularly serious mental or psychological disability and is therefore unable to care for and raise the child on a permanent basis, and
- if the child's development would be seriously jeopardised if adoption did not take place.
Which documents are required?
No further documents are required.
What fees are incurred?
You will usually incur costs for family court proceedings to replace consent to adoption. You do not have
to pay anything for the youth welfare office's work in the proceedings.What deadlines do I have to observe?
- Consent to the adoption can be replaced by the family court at the earliest 5 months after the birth of the child.
- If the family court is to replace the consent because the parent is indifferent to the child, this can take place at the earliest 3 months after instruction by the youth welfare office, but in no case earlier than 5 months after the birth of the child.
Processing time
Processing usually takes several months.
Legal basis
- §§ Sections 38 to 48 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)
- §§ Sections 58 to 69 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)
- §§ Sections 186 to 199 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)
- § Section 1748 of the German Civil Code (BGB)
- § Section 51 Social Code Book Eight (SGB VIII)
Legal remedy
- Time-limited complaint (1 month)
- The requesting child is authorised to appeal against the refusal, the parent concerned against the replacement.
Applications / Forms
Informal application possible: No
Personal appearance required: NoOnline services available: No
Further information
Short text
- Procedure for adoption as a child - counselling and instruction
- both biological parents and the child must agree to an adoption in writing
- The consent of a parent to the adoption of their child can be replaced by the family court
- responsible: Adoption placement centre of the locally responsible youth welfare office
Typing
2/3