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. This consent can usually only be given eight weeks after the birth of the child.
If the mother is not married, you as the father, if you do not have custody, can give consent to the adoption even before the child is born. This consent must be notarized. Consent to 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, supplementing the consent to relinquish transfer of custody, 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, for example.
Both when notarizing the consent to an adoption and when notarizing the declaration of relinquishment, you will be informed about the legal consequences and effects of the notarization before it is notarized.
Who should I contact?
The notarization of consent to adoption can be done in a notary's office.
A waiver can be notarized, among other things, in a notary's office or in a youth welfare office.
Responsible authorities
Landkreis Emsland - Fachbereich Jugend
Contact
- Emsland:
- Applying for aftercare after the end of full-time care for foster children
- Get support in enforcing the permanent placement of a child with foster carers
- Apply for monthly benefits for the maintenance of foster children
- Applying for assistance for full-time care education
- Consent of the father to the adoption of a child
- Foster children
- Obtain access to the adoption file
- Declaration by the adoption applicants that they are willing to adopt the child proposed to them.
- One-off benefit when taking in a foster child
- Replace a parent's consent to adoption
- Revocation of consent to adoption by children over 14 years of age
- Geeste:
- Haren (Ems):
- Haselünne:
- Herzlake:
- Meppen:
- Twist:
Requirements
You must be the father of the child. If paternity has not yet been legally established, you must be able to credibly prove that you are the child's father.
For example, the mother could confirm that only you can be considered as the child's father.
Applications / forms
None
Which documents are required?
- Proof of identity (identity card, passport or similar document)
What are the fees?
The 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 the notarization.
The public notarization of the waiver before the notary of a youth welfare office is free of charge.
Process flow
- You will need to prove that you are the father of the child. A child's birth certificate, in which you are listed as the father, can serve as proof. If the child has not yet been born, you must provide credible evidence that you are the father of the child (see Requirements). The same applies if your paternity has not yet been validly established after the birth of the child.
- The person who records 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.
What deadlines do I have to pay attention to?
The father who is not married to the mother can only have a waiver of the transfer of custody notarized after the birth of the child.
In contrast, the father who is not married to the mother and does not have custody rights can have his consent to the adoption notarized before the birth of the child. Otherwise, the mother and father - separately or jointly - can give notarized consent to the adoption of their child no earlier than eight weeks after the birth.
Processing duration
The necessary legal instructions and questions that you may wish to clarify before notarization require a time commitment that differs in each individual case. In addition, there may be a waiting period on site.
It is advisable to make an appointment for the notarization.
What else should I know?
The consent to the adoption must be notarized (i.e. by a notary public).
The declaration of renunciation must be publicly notarized. This is also possible in a notary's office, but also in a youth welfare office, for example.
