Bundesportal | Giving the father's consent to the adoption of a child

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Publisher

Saxony-Anhalt

Contact

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In order for a child to be given up for adoption, the consent of both parents is required. As a rule, this consent can only be given eight weeks after the birth of the child.

If the mother is not married, you as a father, if you are not entitled to custody, can give consent to adoption even before the birth of the child. This consent must be notarized. The consent to an adoption cannot be notarized at a youth welfare office.

In addition, the father can make a declaration that he will not apply for parental care of the child. This declaration, which supplements the consent, must be certified "publicly". "Public" means that the declaration can also be notarized. However, the declaration can also be certified (in this case free of charge) at a youth welfare office, for example.

Both when notarizing the consent to an adoption and when notarizing the waiver, you will be informed about the legal consequences and effects of the notarization before notarization.

Proof of identity (identity card, passport or comparable document)

Proof of paternity (birth certificate of the child, either with entry of the father or declaration of recognition of the father plus confirmation of paternity by the mother)

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Preconditions

You must be the father of the child. If paternity has not yet been legally established, you must be able to credibly demonstrate that you are the father of the child.
For example, the mother might confirm that only you can be considered as the father of the child.

Hints

Consent to adoption must be notarized (i.e. by a notary).

The waiver must be publicly notarized. This is also possible in a notary's office, but also, for example, in a youth welfare office.

Notarial certification costs are incurred in accordance with the applicable fee schedule. The exact amount of the costs can be communicated to you by the notary's office before notarization. The public certification of the waiver before the notary of a youth welfare office is free of charge.

Basis for legal action

§ 1747 BGB

§ 1750 BGB (German Civil Code)

Legal Remedies

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Procedure

You must prove that you are the father of the child. A birth certificate of the child in which you are registered as a father can serve as proof. If the child has not yet been born, you must make it credible that you are the father of the child (see Requirements). The same applies if your paternity has not yet been legally established after the birth of the child.
The person who takes up the document will inform you about the legal effect of the document.
An appointment is required for notarization in the Youth Welfare Office.
The certificate is then sent to the family court. The consent or waiver becomes effective as soon as the document has been received by the family court.
Both consent and waiver are irrevocable. This means that even if you change your mind, you cannot withdraw from the notarized declarations.

Deadlines

A waiver of the transfer of custody can be notarized by the father who is not married to the mother only after the birth of the child.

On the other hand, the father who is not married to the mother and has no custody can have his consent to the adoption certified before the birth of the child. Otherwise, mother and father – separately or together – can give notarial consent to the adoption of their child at the earliest eight weeks after birth.

Processing time

The necessary legal instructions and questions, which you may wish to clarify before notarization, require a time expenditure that is different in each individual case. In addition, there is a possible waiting time on site.
It is advisable to make an appointment for the notarization.

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