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Dokument BGB Book 4 Family Law
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262
=S=> BGB 1764. 1 The cancellation has effect only in the future . Where the family court cancels the adoption relationship after the death of the adoptive parent on the application of the adoptive parent or after the death of the child on the application of the child , this has the same effect as if the adoption relationship had been cancelled before the death .
=S=> BGB 1764. 2 On the cancellation of the adoption , the relationship , created by the adoption , of the child and its descendants to the previous relatives and the rights and duties arising from this is extinguished .
=S=> BGB 1764. 3 At the same time , the relationship of the child and its descendants to the blood relatives of the child , and the rights and duties arising from this , are revived , with the exception of parental custody .
=S=> BGB 1764. 4 The family court must reassign the parental custody to the natural parents if and to the extent that this is not inconsistent with the best interests of the child ; failing this , it appoints a guardian or curator .
=S=> BGB 1764. 5 If the adoption relationship is with a married couple and if the cancellation takes place only with regard to one spouse , then the effects of subsection ( 2 ) occur only between the child and its descendants and this spouse and the relatives of this spouse ; the effects of subsection ( 3 ) do not occur .