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=S=> BGB 1713. 1 The application may be made by a parent who , for the area of responsibilities of the legal adviser applied for , has sole parental custody or would have it if the child had already been born . If the parental custody for the child is held jointly by the parents , the application may be made by the parent in whose care the child now is . The application may also be made by a guardian designated under section 1776. It may not be made through an agent .
=S=> BGB 1713. 2 Before the birth of the child , the mother-to-be may also make the application if the child , if it had already been born , would be under guardianship . If the mother-to-be has limited capacity to contract , she may make the application only without a representative ; she does not need the approval of her legal representative for this . For a mother-to-be who is incapable of contracting , only her legal representative may make the application .
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