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=S=> BGB 1760. 1 The adoption relationship may , on application , be cancelled by the family court if it was created without an application of the adoptive parent , without the consent of the child or without the necessary consent of a parent .
=S=> BGB 1760. 2 The application or consent is ineffective only if the person declaring a)at the time of the declaration was in a state of unconsciousness or temporary mental disturbance , if the applicant was incapable of contracting or the child , which was incapable of contracting or not yet fourteen years old , gave the consent itself , b)did not know that it was an adoption , or if he knew this but did not wish to make an application for adoption or did not want to give consent to adoption or if the adoptive parent was mistaken as to the person of the child to be adopted or if the child to be adopted was mistaken in the person of the adoptive parent , c)was induced to make the declaration by deceit as to material circumstances , d)was unlawfully induced to make the declaration by duress , e)gave the consent before the end of the period laid down in section 1747 ( 2 ) sentence 1.
=S=> BGB 1760. 3 The cancellation is excluded if the person declaring , after the end of the incapacity to contract , the unconsciousness , the mental disturbance , the position of constraint resulting from duress , after the discovery of the mistake or after the end of the period laid down in section 1747 ( 2 ) sentence 1 , made up for the missing application or consent or indicated in another way that the adoption relationship was to be sustained . The provisions of section 1746 ( 1 ) sentences 2 and 3 , and section 1750 ( 3 ) sentences 1 and 2 apply with the necessary modifications .
=S=> BGB 1760. 4 Cancellation for deceit on material circumstances is also excluded if there has been deceit as to the financial circumstances of the adoptive parent or of the child or if the deceit , without the knowledge of a person entitled to apply or consent , was carried out by a person who is entitled neither to apply nor to consent nor to arrange the adoption .
=S=> BGB 1760. 5 Where , when the adoption was pronounced , it was wrongly presumed that a parent was permanently incapable or making the declaration or his abode was permanently unknown , then the cancellation is excluded if the parent makes up for the missing consent or has indicated in another way that the adoption relationship is to be maintained . The provision of section 1750 ( 3 ) sentences 1 and 2 applies with the necessary modifications .
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