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=S=> BGB 1751. 1 On the consent of one parent to the adoption , the parental custody of this parent is suspended ; the power to have personal contact with the child may not be exercised . The youth welfare office becomes the guardian ; this does not apply if the other parent exercises parental custody alone or if a guardian has already been appointed . An existing curatorship is unaffected . The adoptive parent , during the time of personal care prior to adoption , is governed by section 1688 ( 1 ) and ( 3 ) with the necessary modifications . If the mother has consented to the adoption , an application of the father under section 1672 ( 1 ) does not require her approval .
=S=> BGB 1751. 2 Subsection ( 1 ) does not apply to a spouse whose child is adopted by the other spouse .
=S=> BGB 1751. 3 Where the consent of one parent has lost its force , the guardianship court must transfer the parental custody to the parents if and to the extent that this does not conflict with the best interests of the child .
=S=> BGB 1751. 4 The adoptive parent has an obligation to pay maintenance before the relatives of the child as soon as the parents of the child have given the necessary consent and the child has been taken into the care of the adoptive parent with the purpose of adoption . If a spouse wishes to adopt a child of his spouse , the spouses have an obligation to the child before the other relatives of the child to pay maintenance as soon as the necessary consent of the parents of the child has been given and the child has been taken into the care of the adoptive parent with the purpose of adoption .
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