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Replacement of a parent's consent to adoption

If a child is to be adopted, both parents and the child must consent to adoption. The consent of a parent may be replaced by the family court in certain exceptional cases.

A replacement of a parent's consent is possible if he or she is indifferent to his or her child or grossly violates his or her obligations towards his or her child for a longer period of time.

In the aforementioned cases, consent can only be replaced if it would be associated with particularly serious (disproportionate) disadvantages for the child concerned if adoption does not take place.

A replacement of a parent's consent is also possible if the parent has violated his or her parental duties particularly seriously and for this reason it can be assumed that the child will never live in that parent's household.

A replacement of consent is also possible if a parent suffers from a particularly serious mental illness or a particularly serious mental or emotional disability and for this reason cannot permanently care for and educate his child and if in such a case the development of the child would be seriously endangered if adoption does not take place.

A prerequisite for a replacement of consent is therefore in any case that it has significant negative effects for the child concerned if it cannot be adopted. Slight disadvantages that can arise for the child if he is not adopted do not justify the replacement of consent to adoption.

If the consent is to be replaced because a parent is indifferent to his child, the Youth Welfare Office is obliged to inform (instruct) the parent that a replacement of his consent is possible. It must inform the parent that the family court may only replace the consent after three months have elapsed after the instruction.

This instruction is not required if the residence of the parent is not known and cannot be determined in three months despite appropriate efforts by the Youth Welfare Office.

If the consent is to be replaced because a parent is indifferent to his child, the Youth Welfare Office should inform this parent about what help can be offered if the parent himself would take over the upbringing of his child in his family.

This advice does not take place if the child has been in care for a long time in the family that wants to adopt it and serious damage to the child would be expected if it were admitted to the parent's household.

Replacement of the father's consent is possible if the mother has sole parental authority over a child.

In the aforementioned cases, consent can only be replaced if it would be associated with particularly serious (disproportionate) disadvantages for the child concerned if adoption does not take place.

In cases where the mother exercises sole parental authority, the Youth Welfare Office must advise the father on his legal options. What is meant here is, for example, a reference to the possibility of the father applying for sole parental care of the child.
 

Process flow

  • The child or his or her legal representation applies to the family court for the replacement of the parent's consent.
  • In the appropriate cases, the adoption agency of the responsible youth welfare office instructs and advises the parents concerned.
  • The family court decides with the participation of the parent whose consent is to be replaced and with the hearing of the Youth Welfare Office whether the consent is to be replaced.

Who should I contact?

The adoption agency of the locally responsible youth welfare office

Which documents are required?

None

What are the fees?

As a rule, costs are incurred for the implementation of the family court procedure for the replacement of consent to adoption.

No costs are charged for the tasks assigned to the Youth Welfare Office in these proceedings.

What deadlines do I have to pay attention to?

  • Consent to adoption can be replaced by the family court no earlier than five months after the birth of the child.
  • If the consent is replaced because the child is indifferent to the parent, this can also be done at the earliest three months after instruction by the Youth Welfare Office (but in no case earlier than five months after the birth of the child).

Processing duration

Usually several months

Applications / forms

None

Author

The text was automatically translated based on the German content.

Technically approved by

Lower Saxony Ministry of Social Affairs, Health and Gender Equality

competent Bodies

Landkreis Emsland - Fachbereich Jugend

Address: Ordeniederung 1 , 49716 Meppen

Postal address: Post Office Box 15 62

Telephone: 05931 44-0
Fax: 05931 44-3621
Transport Connection:
Building Access:
elevator available : yes
wheelchair-accessible : yes

Data protection information

Gemeinde Rhede (Ems) - Ordnungsamt/Gewerbe/Feuerwehrwesen

Postal address: Post Office Box 1134

Address: Gerhardyweg 1, 26899 Rhede (Ems)

Telephone: 04964 9182-19
Fax: 04964 9182-40
Transport Connection:
Parking:
Handicapped Parking Place: Number: 2, Fees: no
Parking Place: Number: 60, Fees: no
Building Access:
elevator available : yes
wheelchair-accessible : yes
bank account:
recipients: Gemeinde Rhede (Ems)
bank: Emsländische Volksbank
IBAN: DE08266614940000164300
recipients: Gemeinde Rhede (Ems)
bank: Sparkasse Emsland
IBAN: DE06266500010017000019
payment methods:
Sepa Credit Transfer, Bank Transfer, Cash Payment, Sepa Direct Debit, Paypal

Ansprechpartner

Point of contact:
Herr Holger Knak
Address: Gerhardyweg 1, 26899 Rhede (Ems)
Telephone: 04964 9182-19
Fax: 04964 9182-40
Department:
Ordnungsamt, Sozialamt, Bürgeramt, Standesamt, Gewerbeamt
Room:
19
responsible for:

Landkreis Emsland

Address: Ordeniederung 1 , 49716 Meppen

Postal address: Post Office Box 15 62

Telephone: 05931 44-0
Fax: 05931 44-3621
Transport Connection:
Building Access:
elevator available : yes
wheelchair-accessible : yes
bank account:
recipients: Landkreis Emsland
bank: Emsländische Volksbank
BIC: GENODEF1LIG
IBAN: DE26266600600120050000
recipients: Landkreis Emsland
bank: Sparkasse Emsland
BIC: NOLADE21EMS
IBAN: DE39266500010000001339
recipients: Landkreis Emsland
bank: Postbank Hannover
BIC: PBNKDEFF250
IBAN: DE36250100300012132306

Ansprechpartner

Point of contact:
Marc-André Burgdorf
responsible for:
Bernd Otten (Datenschutzbeauftragter)
Telephone: 05931 44-1605
Fax: 05931 44-391605
Room:
605
responsible for:

Landesbeauftragte für den Datenschutz Niedersachsen

Address: Prinzenstraße 5, 30159 Hannover

Telephone: +49 511 12045-00
Fax: +49 511 12045-99
Building Access:
elevator available : unknown
wheelchair-accessible : unknown

Source: Serviceportal Niedersachsen (Portalverbund des Bundes und der Länder)

Further Links

Single points of contact of the state of Lower Saxony, Single points of contact of the countries of Europe, advice and assistance for EU citizens and their families.