Revocation of consent to adoption by children over the age of 14

In principle, adoption requires the consent of the mother, father and child. Here it is irrelevant whether it is an adoption by a new family (foreign adoption) or by a step-parent (stepchild adoption). For children who are younger than 14 years, only the person (or only the persons) who legally represents (or represent) can give consent. For older children, as a rule, only the child himself can declare consent. However, it then needs the consent of the person(s) representing it by law. 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 declared 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 revoke the consent alone. It doesn't need permission to do that. Why the child wants to revoke the consent does not matter. A form is prescribed for the revocation of consent. The revocation must be "publicly notarized". This notarization can be carried out in a notary's office or in a youth welfare office. The notarization in the Youth Welfare Office is free of charge. For the notarization in a notary's office costs arise.

For the notarization, the identity must be proven so that it is clear that the child is to be adopted and not someone else revokes the consent. A child who is 16 years of age or older can present the identity card for this purpose. A child who is younger should clarify with the place where the certificate is to be received, how he can prove his identity.


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Preconditions
The legal representation or the at least 14-year-old child himself has consented to adoption in the prescribed form. The child is at least 14 years old and capable of doing business.

Hints
The revocation of consent must be notarized publicly. This is possible in a notary's office and in a youth welfare office.
It is best if an appointment is made with the body that is to receive the certificate. Before notarization, the person who receives the deed informs about the legal consequences of the notarization. It is recommended to make an appointment for the notarization. The certificate will be 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
Lower Saxony Ministry of Social Affairs, Health and Equality

Last update or date of publication
02.07.2021