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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.