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Deutschpersistent Grundwort fehlt
Fachbebietfehlt Trennung: persistent
Inhaltfehlt Status:
Worttyp fehlt
BGB 1748. 1 The family court , on the application of the child , must substitute the consent of one parent where that parent has persistently grossly violated his duties to the child or has shown through his conduct that he is indifferent to the child , and where it would be disproportionately disadvantageous to the child if the adoption did not take place . The consent may also be substituted if the violation of duty , although not persistent , is particularly serious and it is probable that it will permanently not be possible to entrust the child to the care of the parent .
BGB 1748. 2 The consent may not be substituted on account of indifference that is not at the same time a persistent gross breach of duty until the parent has been instructed by the youth welfare office on the possibility of its substitution and advised under section 51 ( 2 ) of Book Eight of the Social Security Code [ Sozialgesetzbuch ] and at least three months have passed since the instruction ; the instruction should point out the limitation period . No instruction is necessary if the parent has changed his residence without leaving his new address and the residence cannot be determined by the youth welfare office within a period of three months despite appropriate research ; in this case , the period commences on the first action of the youth welfare office directed towards instruction and advice or towards determining the residence . The periods expire at the earliest five months after the birth of the child .
BGB 1905. 1 Where the operation is a sterilisation of the person under custodianship to which the person may not consent , the custodian may consent only if the sterilisation is not inconsistent with the intention of the person under custodianship , the person under custodianship will permanently remain incapable of consenting , it is to be assumed that without the sterilisation there would be a pregnancy , as a result of this pregnancy a danger for the life of the pregnant woman or the danger of a serious adverse effect on her physical or psychological state of health were to be expected which could not be prevented in a reasonable way , and the pregnancy cannot be prevented by other reasonable means . A serious danger for the psychological state of health of the pregnant woman also includes the danger of serious and persistent suffering which would threaten her because custodianship court measures which would entail separating her from her child ( sections 1666 and 1666a ) would have to be taken against her .