Consent of the father to the adoption of a child
If you want to give your child up for adoption and are not married to the mother, you can consent to adoption before the child is born.
In addition, you can refrain from submitting an application for the transfer of parental authority (to yourself).
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 notarization of consent to adoption and when notarization of the waiver, you will be informed about the legal consequences and effects of notarization before notarization.
- Proof of identity (identity card, passport or comparable document)
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.
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.
§ 1747 BGB
§ 1750 BGB (German Civil Code)
- 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 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 waiver are irrevocable. This means that even if you change your mind, you cannot withdraw from the notarized declarations.
Responsible for the content
Lower Saxony MInisterium for Social Affairs, Health and Equality
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