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=S=> BGB 1746. 1 For the adoption , the consent of the child is necessary . For a child that is incapable of contracting or is not yet fourteen years old , only its legal representative may give the consent . Apart from this , the child may give the consent only without a representative ; the approval of its legal representative is necessary for this . The consent , where the adoptive parent and the child are of different nationalities , is subject to the approval of the family court ; this does not apply if the adoption is subject to German law .
=S=> BGB 1746. 2 If the child has reached the age of fourteen and if it is not incapable of contracting , it may revoke the consent to the family court before the pronouncement of the adoption takes effect . The revocation must be notarially recorded . The approval of the legal representative is not required .
=S=> BGB 1746. 3 If the guardian or curator refuses the consent or approval without a sound reason , the family court may substitute it ; there is no need for a declaration by the parents under subsection ( 1 ) to the extent that they irrevocably consented to the adoption under sections 1747 and 1750 or their consent was substituted by the family court under section 1748.
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