Revocation of consent to adoption by children over 14 years of age
If an adoption (including a stepchild adoption) has been consented to for or through a child, this consent may be revoked by the child if he or she is 14 years of age or older. A revocation must be publicly notarized.
In principle, the consent of the mother, father and child is required for adoption. Here it is irrelevant whether it is an adoption by a new family (external adoption) or by a stepparent (stepchild adoption).
For children under the age of 14, only the person (or can only the persons) who legally represents (or represents) can give consent. For older children, as a rule, only the child himself can declare consent. However, it then requires the consent of the person(s) legally representing it.
As long as the court has not yet ruled on the adoption, a child who is 14 years of age or older can revoke his consent to his adoption. This is also possible if the legal representative has given consent for the child and the child has later turned 14 years old, but only if the adoption has not yet been completed. The child can withdraw consent on his or her own. No permission is required for this. Why the child wants to revoke the consent does not matter.
A form is required for the revocation of consent. The revocation must be "publicly notarized". This notarization can be done in a notary's office or in a youth welfare office. The notarization in the Youth Welfare Office is free of charge. There are costs for notarization in a notary's office.
For the notarization, the identity must be proven so that it is clear that the child should be adopted and not someone else revokes the consent. A child who is 16 years of age or older can present their identity card. A child who is younger should clarify with the place where the certificate is to be recorded how he can prove his identity.
The legal representative or the child at least 14 years old himself has consented to an adoption in the prescribed form.
The child is at least 14 years old and has legal capacity.
The revocation of consent must be publicly notarized. This is possible in a notary's office and in a youth welfare office.
§ 1746 Civil Code (BG)
- It is most advantageous if an appointment is made with the body that is to take up the certificate. Before notarization, the person who takes up the document informs about the legal consequences of the notarization.
- An appointment is required for notarization in the Youth Welfare Office.
- The certificate is sent to the family court.
- The revocation of consent becomes effective as soon as the document has been received by the family court. If the document is received by the family court before it has finally decided on the adoption, the adoption can no longer take place.
Responsible for the content
The Senator for Social Affairs, Youth, Integration and Sport of the Free Hanseatic City of Bremen
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