Consent to the adoption of a child by the natural parents is required by law under Section 1747 of the German Civil Code (BGB). In the case of newborns, consent may not be given until the child is eight weeks old.

Pursuant to section 1747 (3) no. 3 of the Civil Code, the father may waive the right to have parental care or part thereof transferred to him alone by the family court in accordance with section 1672 (1) sentence 1 of the Civil Code.

This must be publicly certified. Pursuant to § 59.1 No. 7 of Book VIII of the Social Code, the certifying officer of the youth welfare office is authorized to do this. The youth welfare office must advise the father before the declaration of relinquishment in accordance with § 51.3 of Book VIII of the Social Code.

The waiver is in connection with the adoption of the child by a third party. The father can attempt to prevent the adoption by applying for the transfer of parental custody to himself under section 1747(3)(2) of the Civil Code.

However, if he declares renunciation, he thereby clears the way for the adoption.