Consent of the father to the adoption of a child

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, if you are not entitled to custody, you as a father can give consent to adoption even before the birth of the child. This consent must be notarized. Consent to adoption cannot be notarized at a youth welfare office. In addition, the father can make a statement that he will not apply for parental care for the child. This declaration, which complements the consent, must be notarized "publicly". "Public" means that the declaration can also be notarized. However, the declaration can also be notarized (in this case free of charge) at a youth welfare office. Both in the notarization of consent to adoption and in the notarization of the waiver, you will be informed about the legal consequences and effects of the notarization before the notarization.

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


none

Preconditions
You must be the father of the child. If paternity has not yet been legally established, you must be able to make credible the father of the child. For example, the mother could confirm that only you are considered as the father of the child.

Hints
The consent to the adoption must be notarized (i.e. by a notary). The waiver must be notarized publicly. This is also possible in a notary's office, but also, for example, in a youth welfare office.
You must prove that you are the father of the child. Proof can be provided by a birth certificate of the child in which you are registered as a father. If the child has not yet been born, you must make it credible to be 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 receives the document will inform you about the legal effect of the document. 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 renunciation are irrevocable. That is, even if you change your mind, you can not withdraw from the notarized statements.

Responsible for the content
Lower Saxony Ministry of Social Affairs, Health and Equality

Last update or date of publication
02.07.2021