Rus Articles Journal

How there is an adoption of children in Germany?

the Institute of adoption throughout the millennia was urged to help with Germany to childless married couples (or to lonely people) to get successors to have an opportunity to continue the dynasty and to inherit the property which remained after their death. And only since last decades the great value begins to be attached to interests of minor children. Now the task to help children who are in a distress is at the center set (need the material plan or are deprived of parental caress). And interests of adoptive parents faded as if into the background.

Proceeding from it, the German state an adoption definite purpose: it has to serve the child`s benefit, and it is supposed that between adoptive parents and the child there will be relationship, it is similar to what it could have with biological parents. All other purposes - are minor and subordinated to the above. Form a legal basis of regulation of procedure of adoption in Germany 1741 - 1766, and also somewhat 1767 - 1772 Civil codes of Germany.

The adopted child has to be integrated (has to join) into a new family (seven adoptive parents) as native. All related relations with an origin family (with biological parents), thus, stop. Adoption is carried out on the basis of a judgment for guardianship which originally together with Department for youth (Jugendamt) is obliged to check expediency of adoption i.e. as far as it corresponds to interests of the child. To exclude a possible mistake (which can cost much to the child subsequently), has to precede adoption so-called care time or accustoming time (which lasts, as a rule, year).

Procedure and an order of adoption

spouses can Adopt the child only together. There are only not numerous exceptions of the general rule. Also at implementation of certain prerequisites adoption of children and lonely people is possible. Though the statistics also claims that similar practically does not occur. Opinions that adoptive parents there have to be two (the father and mother), adhere also specialists of Departments for youth, and also judges.

The age of adoptive parents should not be less than 21 year for women and 25 - for men. Lonely adoptive parents cannot be younger than 25 years. The upper bound does not exist (in difference, by the way, from many foreign legal systems). At the same time jurisprudence recognizes from the fact that chest and juvenile children should not be given to families in which parents are much more senior than 35 - 40 years. Certainly, and at this age it is possible to adopt children, but it must be kept in mind that agencies of guardianship will offer you children of more advanced age (school age or teenagers).

According to the decision of the Constitutional court (1995) both biological parents have to agree to adoption of their child (even in case they have no tutorial rights concerning it). As well the child if he is more senior than 14 years, has to express the consent to live in a family of persons interested to adopt him. Moreover, his desire has to be confirmed with a consent of his lawful representative. The child`s trustee for a while from the moment of filing of application about a consent by both parents on adoption of the child until adoption by court of the decision on adoption is Department for youth. At the same time the obligation for keeping of the child during a year trial period lays down on adoptive parents. However, they have no right to receive the corresponding birth grants.

The court can do also without consent of biological parents to adoption if, despite their active search, parents cannot be found or owing to heavy (first of all sincere) diseases cannot express the consent.

For protection of mothers of newborn children the law an established period in 8 weeks after the birth of the child before which expiration expression of a consent is not allowed. Thereby the law protects mothers from quick and precipitate decisions. When parents are not married and the father has no tutorial rights, he can express the consent to adoption till the child`s birth.

Should consider that the consent to adoption has to be notarized. After that it cannot be withdrawn back any more.

Process of adoption can be interrupted in cases:

adoptive parents withdraw the application (the child was not pleasant);

the statement was rejected (the conditions established the legislation are not satisfied);

the child was not adopted within three years.

Under certain circumstances a consent of parents of the child can be replaced with a judgment for guardianship owing to the following reasons:

indifferent attitude of parents towards the child;

malicious non-performance of the parental responsibilities by them during the long period of time;

causings to the child from parents of physical tortures or sexual harassments.

In the listed cases of a consent of parents is not required.

Consequences of adoption and its secret to

As it was already told above, after adoption the child loses all the right claims to biological parents, namely:

all material claims to them stop (for example, the right for contents);

right to inheritance from them.

But at the same time it has new rights - on the relation now to new parents. So, the child has the right to carry a new surname, and also a new or additional name (addition of a new name to already existing is assumed that in itself serves interests of the child). Adoptive parents are obliged to support also financially the child, to bring up and care for him.

For protection of a new family against attempts to find out these or those data connected with adoption there is a legislative mechanism protecting its secret. Of course, there is a certain risk when the child at mature age wants to find out the real family tree, it will be almost impossible. New parents also generally do not want to chafe the past . In this regard the Federal constitutional court repeatedly specified that restriction of the similar requirement of the child is inadmissible. Each person - even the minor - has the right to know an own origin (the roots), the biological parents (sisters, brothers).

Whether invalid

adoption Is possible to nullify adoption recognitions? Certainly and. But it is possible in strictly certain cases, such, for example, as absence preliminary a consent of parents and also if adoption is reached by deception, by means of deception, threat (the statistics says that the number of similar processes from total of adoptions makes 1%). In this case the court recognizes adoption illegal. The term of limitation period on such affairs makes 3 years. Within this term the return is possible to adoption procedure - a deusynovleniye. It occurs first of all for the benefit of the child when between him and his new parents there is no mutual understanding and its further life in a new family becomes intolerable. Consequences of the similar decision:

1. Possibility of return of the child to a native family to biological parents;

2. Possibility of its adoption by other persons.

Making the decision on a deusynovleniye, the court has to be guided also first of all by observance and protection of interests of the child.