Revocation of consent to adoption by children over 14 years of age
In principle, the consent of the mother, father and child is required for an adoption. It is irrelevant whether the adoption is by a new family (third-party adoption) or by a stepparent (stepchild adoption).
For children younger than 14 years of age, only the person (or persons) legally representing the child can give consent. For older children, usually only the child itself can give consent. However, it then needs the consent of the person(s) legally representing it.
As long as the court has not yet decided on the adoption, a child who is 14 or older can revoke his or her consent to the adoption. This is also possible if the legal representative has given consent on behalf of the child and the child has subsequently turned 14, but only if the adoption has not yet been finalized. The child can revoke consent on its own. It does not need permission to do so. Why the child wants to revoke consent does not matter.
A form is required for revoking consent. The revocation must be "publicly notarized." This certification can take place in a notary's office or in a youth welfare office. The certification in the youth welfare office is free of charge. Costs are incurred for certification in a notary's office.
- It is best to make an appointment with the office that is to record the document. Before the notarization, the person who takes the deed informs about the legal consequences of the notarization.
- It is advisable to make an appointment for the notarization.
- 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 deed is received by the family court before it has made a final decision on the adoption, the adoption can no longer take place.
The revocation of consent can be notarized in a youth welfare office or in a notary's office.
The legal guardian or the child himself or herself, who is at least 14 years old, has consented to adoption in the prescribed form.
The child is at least 14 years old and has legal capacity.
For the certification, the identity must be proven so that it is clear that the child who is to be adopted and not someone else revokes the consent. A child who is 16 years of age or older can present his or her identity card for this purpose. A child who is younger should clarify with the office where the document is to be recorded how he or she can prove his or her identity.
Notarial certification incurs costs in accordance with the applicable schedule of fees. The notary's office can inform you of the exact amount of the costs before notarization.
The public notarization of the revocation before the notary of a youth welfare office is free of charge.
There are no deadlines to be observed.
The required legal briefings and questions that may need to be asked prior to notarization require a time commitment. The time required is different in each individual case. In addition, there is a possible waiting time on site.
It is advisable to make an appointment for the notarization.
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The revocation of consent must be publicly notarized. This is possible in a notary's office and in a youth welfare office.
Lower Saxony Ministry of Social Affairs, Health and Equality
The text was automatically translated based on the German content.
