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=U3= UTit1 -- Subtitle 1 Adoption of minors
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=U4= Sec1741 -- Section 1741 Admissibility of the adoption
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=S=> BGB 1741. 1 Adoption is admissible if it serves the best interests of the child and it is to be expected that a parent-child relationship will arise between the adoptive parent and the child . A person who has taken part for the purpose of adoption in a procurement or transportation of a child that is unlawful or contrary to public policy or who has commissioned a third party with this or rewarded him for this should adopt a child only if this is necessary for the best interests of the child .
=S=> BGB 1741. 2 A person who is not married may adopt a child only alone . A married couple may adopt a child only jointly . A spouse may adopt a child of his spouse alone . He may also adopt a child alone if the other spouse cannot adopt the child because he is incapable of contracting or has not yet reached the age of twenty-one .
=U4= Sec1742 -- Section 1742 Adoption only as child of the spouses
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=S=> BGB 1742 An adopted child may , as long as the adoption relationship exists , in the lifetime of an adoptive parent only be adopted by that parent's spouse .
=U4= Sec1743 -- Section 1743 Minimum age
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=S=> BGB 1743 The adoptive parent must have reached the age of twenty-five , or in the cases of section 1741 ( 2 ) sentence 3 the age of twenty-one . In the cases of section 1741 ( 2 ) sentence 2 , a spouse must have reached the age of twenty-five and the other spouse the age of twenty-one .
=U4= Sec1744 -- Section 1744 Probationary period
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=S=> BGB 1744 The adoption , as a general rule , should not be pronounced until the adoptive parent has had the child in foster care for a reasonable period .
=U4= Sec1745 -- Section 1745 Prohibition of adoption
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=S=> BGB 1745 The adoption may not be pronounced if overriding interests of the children of the adoptive parent or of the child to be adopted prevent it or if it is to be feared that interests of the child to be adopted are endangered by children of the adoptive parent . Property interests should not be decisive .
=U4= Sec1746 -- Section 1746 Consent of the child
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=S=> BGB 1746. 1 For the adoption , the consent of the child is necessary . For a child that is incapable of contracting or is not yet fourteen years old , only its legal representative may give the consent . Apart from this , the child may give the consent only without a representative ; the approval of its legal representative is necessary for this . The consent , where the adoptive parent and the child are of different nationalities , is subject to the approval of the family court ; this does not apply if the adoption is subject to German law .
=S=> BGB 1746. 2 If the child has reached the age of fourteen and if it is not incapable of contracting , it may revoke the consent to the family court before the pronouncement of the adoption takes effect . The revocation must be notarially recorded . The approval of the legal representative is not required .
=S=> BGB 1746. 3 If the guardian or curator refuses the consent or approval without a sound reason , the family court may substitute it ; there is no need for a declaration by the parents under subsection ( 1 ) to the extent that they irrevocably consented to the adoption under sections 1747 and 1750 or their consent was substituted by the family court under section 1748.
=U4= Sec1747 -- Section 1747 Consent of the parents of the child
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=S=> BGB 1747. 1 For the adoption of a child , the consent of the parents is necessary . To the extent that no other man is to be regarded as father under section 1592 , then in the meaning of sentences 1 and section 1748 ( 4 ) , the person is deemed to be the father who credibly establishes the requirements of section 1600d ( 2 ) sentence 1.
=S=> BGB 1747. 2 The consent may not be given until the child is eight weeks old . It is effective even if the person consenting does not know the adoptive parents , who have already been decided on .
=S=> BGB 1747. 3 If the parents are not married to each other and if they have made no declarations of parental custody , the consent of the father may be given even before the birth ; if the father has applied for the transfer of parental custody under section 1672 ( 1 ) , an adoption may not be pronounced until after there has been a decision on the application of the father ; the father may waive the right to apply for the transfer of parental custody under section 1672 ( 1 ) . The declaration of waiver must be notarially recorded . Section 1750 applies , with the necessary modifications , with the exception of subsection ( 4 ) sentence 1.
=S=> BGB 1747. 4 The consent of one parent is not necessary if he is permanently not in a position to make a declaration or his abode is permanently unknown .
=U4= Sec1748 -- Section 1748 Substitution of the consent of a parent
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=S=> 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 .
=S=> 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 .
=S=> BGB 1748. 3 The consent of a parent may also be substituted where he is permanently incapable of caring for and bringing up the child as the result of a particularly serious psychological illness or a particularly serious mental or psychological handicap and where the child , if the adoption does not take place , could not grow up in a family and the child's development would as a result be seriously endangered .
=S=> BGB 1748. 4 In the cases of section 1626a ( 2 ) , the family court must substitute the consent of the father if the fact that the adoption does not take place would be disproportionately disadvantageous to the child .
=U4= Sec1749 -- Section 1749 Consent of the spouse
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=S=> BGB 1749. 2 For the adoption of a married person , the consent of his spouse is necessary .
=S=> BGB 1749. 3 The consent of the spouse is not necessary if he is permanently not in a position to make the declaration or his abode is permanently unknown .
=U4= Sec1750 -- Section 1750 Declaration of consent
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=S=> BGB 1750. 1 The consent under sections 1746 , 1747 and 1749 must be declared to the family court . The declaration requires notarial recording . The consent becomes effective on the date when it is received by the family court .
=S=> BGB 1750. 2 The consent may not be given subject to a condition or a stipulation as to time . It is irrevocable ; the provision of section 1746 ( 2 ) is unaffected .
=S=> BGB 1750. 3 The consent may not be given through an agent . If the person consenting has restricted capacity to contract , his consent does not require the approval of his legal representative . The provision of section 1746 ( 1 ) sentences 2 and 3 is unaffected .
=S=> BGB 1750. 4 The consent loses its force if the application is withdrawn or the adoption is refused . The consent of one parent also loses its force if the child is not adopted within three years from the date when the consent becomes effective .
=U4= Sec1751 -- Section 1751 Effect of parental consent , maintenance obligation
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=S=> BGB 1751. 1 On the consent of one parent to the adoption , the parental custody of this parent is suspended ; the power to have personal contact with the child may not be exercised . The youth welfare office becomes the guardian ; this does not apply if the other parent exercises parental custody alone or if a guardian has already been appointed . An existing curatorship is unaffected . The adoptive parent , during the time of personal care prior to adoption , is governed by section 1688 ( 1 ) and ( 3 ) with the necessary modifications . If the mother has consented to the adoption , an application of the father under section 1672 ( 1 ) does not require her approval .
=S=> BGB 1751. 2 Subsection ( 1 ) does not apply to a spouse whose child is adopted by the other spouse .
=S=> BGB 1751. 3 Where the consent of one parent has lost its force , the guardianship court must transfer the parental custody to the parents if and to the extent that this does not conflict with the best interests of the child .
=S=> BGB 1751. 4 The adoptive parent has an obligation to pay maintenance before the relatives of the child as soon as the parents of the child have given the necessary consent and the child has been taken into the care of the adoptive parent with the purpose of adoption . If a spouse wishes to adopt a child of his spouse , the spouses have an obligation to the child before the other relatives of the child to pay maintenance as soon as the necessary consent of the parents of the child has been given and the child has been taken into the care of the adoptive parent with the purpose of adoption .
=U4= Sec1752 -- Section 1752 Order of the family court , application
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=S=> BGB 1752. 1 The adoption is pronounced by the family court , on the application of the adoptive parent .
=S=> BGB 1752. 2 The application may not be made subject to a condition or to a stipulation as to time or through an agent . It must be notarially recorded .
=U4= Sec1753 -- Section 1753 Adoption after death
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=S=> BGB 1753. 1 The pronouncement of the adoption may not be made after the death of the child .
=S=> BGB 1753. 2 After the death of the adoptive parent , the pronouncement is admissible only if the adoptive parent submitted the application to the family court or at or after the notarial recording of the application commissioned the notary to submit the application .
=S=> BGB 1753. 3 Where the adoption is pronounced after the death of the adoptive parent , it has the same effect as if it had been pronounced before the death .
=U4= Sec1754 -- Section 1754 Effect of adoption
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=S=> BGB 1754. 1 If a married couple adopt a child or if a spouse adopts a child of the other spouse , the child attains the legal position of a child of both the spouses .
=S=> BGB 1754. 2 In the other cases the child attains the legal position of a child of the adoptive parent .
=S=> BGB 1754. 3 The parental custody is held in the cases of subsection ( 1 ) by the spouses jointly , and in the cases of subsection ( 2 ) by the adoptive parent .
=U4= Sec1755 -- Section 1755 Extinction of relationships
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=S=> BGB 1755. 1 On the adoption , the relationship of the child and its descendants to the previous relatives and the rights and duties arising from this are extinguished . Claims of the child that arose before the adoption , in particular to pensions , orphan's allowance and other similar recurring payments are not affected by the adoption ; this does not apply to maintenance claims .
=S=> BGB 1755. 2 If a spouse adopts the child of his spouse , the extinction of the relationship occurs only in relation to the other parent and his relatives .
=U4= Sec1756 -- Section 1756 Continuation of relationships
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=S=> BGB 1756. 1 If the adoptive parents are related by blood or by marriage to the child in the second or third degree , only the relationship of the child and of his descendants to the parents of the child and the rights and duties arising from this are extinguished .
=S=> BGB 1756. 2 Where a spouse adopts the child of his spouse , the relationship is not extinguished in relation to the relatives of the other parent , if the other parent had the parental custody and has died .
=U4= Sec1757 -- Section 1757 Name of the child
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=S=> BGB 1757. 1 The child receives as its birth name the family name of the adoptive parent . The name affixed to the family name of the spouses or the civil partnership name is not deemed to be the family name ( section 1355 ( 4 ) ; section 3 ( 2 ) of the Civil Partnership Act [ Lebenspartnerschaftsgesetz ] .
=S=> BGB 1757. 2 If a married couple adopt a child or if a spouse adopts a child of the other spouse and if the spouses have no family name , they determine the birth name of the child , before the pronouncement of the adoption , by declaration to the family court ; section 1617 ( 1 ) applies with the necessary modifications . Where the child has reached the age of five , the determination is effective only if the child agrees with the determination , before the pronouncement of the adoption , by declaration to the family court ; section 1617c ( 1 ) sentence 2 applies with the necessary modifications .
=S=> BGB 1757. 3 The change of the birth name extends to the family name of the child only if the spouse also agrees with the change of name , before the pronouncement of the adoption , by declaration to the family court ; the declaration must be notarially certified .
=S=> BGB 1757. 4 The family court may , on the application of the adoptive parent , with the consent of the child to the pronouncement of the adoption change the first name of the child or give him one or more than one new first names , if this is conducive to the best interests of the child ; attach the previous family name before or after the new family name of the child , if this is necessary for weighty reasons for the best interests of the child .
=U4= Sec1746 -- Section 1746 ( 1 ) sentences 2 and 3 and ( 3 ) first half-sentence applies with the necessary modifications . Section 1758
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=S=> BGB 1746 Prohibition on disclosure and exploratory questioning
=S=> BGB 1746. 1 Facts that are suited to reveal the adoption and its circumstances may not be revealed or discovered by exploratory questioning without the approval of the adoptive parent and of the child unless special reasons of the public interest make this necessary .
=S=> BGB 1746. 2 Subsection ( 1 ) applies with the necessary modifications if the consent under section 1747 has been given . The family court may order that the effects of subsection ( 1 ) occur if an application for substitution of the consent of a parent has been made .
=U4= Sec1759 -- Section 1759 Cancellation of the adoption relationship
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=S=> BGB 1759 The adoption relationship may be cancelled only in the cases of section 1760 and 1763.
=U4= Sec1760 -- Section 1760 Cancellation for lack of declarations
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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 .
=U4= Sec1761 -- Section 1761 Obstacles to cancellation
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=S=> BGB 1761. 1 The adoption relationship may not be cancelled because a necessary consent has not been obtained or is ineffective under section 1760 ( 2 ) if the requirements for the substitution of the consent were satisfied when the adoption was pronounced or if they are satisfied at the time of the decision on the application for cancellation ; in this connection , there are no detrimental effects if there was no instruction or advice under section 1748 ( 2 ) .
=S=> BGB 1761. 2 The adoption relationship may not be cancelled if as a result of this the best interests of the child would be substantially endangered , unless overriding interests of the adoptive parent require the cancellation .
=U4= Sec1762 -- Section 1762 Entitlement to apply ; period for filing application , form
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=S=> BGB 1762. 1 The only person who is entitled to apply is a person without whose application or consent the child was adopted . For a child that is incapable of contracting or not yet fourteen years old , and for the adoptive parent who is incapable of contracting , the application may be filed by the legal representatives . In addition , the application cannot be made through an agent . If the person entitled to file has restricted capacity to contract , the approval of his legal representative is not required .
=S=> BGB 1762. 2 The application may only be made within one year if less than three years have passed since the adoption . The period commences a)in the cases of section 1760 ( 2 ) letter a , at the time when the declarer has attained at least limited capacity to contract or when the legal representative of the adoptive parent who is not capable of contracting or of the child that is not yet fourteen years old or is incapable of contracting becomes aware of the declaration ; b)in the cases of section 1760 ( 2 ) letters b and c , at the time when the declarer discovers the mistake or the deceit ; c)in the case of section 1760 ( 2 ) letter d , at the time when the position of constraint ends ; d)in the case of section 1760 ( 2 ) letter e , at the end of the period laid down in section 1747 ( 2 ) sentence 1 ; e)in the cases of section 1760 ( 5 ) , at the time when the parent becomes aware that the adoption took place without his consent . The provisions of section 206 and 210 that apply to limitation apply with the necessary modifications .
=S=> BGB 1762. 3 The application must be notarially recorded .
=U4= Sec1763 -- Section 1763 Cancellation by the court of its own motion
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=S=> BGB 1763. 1 During the minority of the child , the family court may cancel the adoption relationship of its own motion if this is necessary for serious reasons for the best interests of the child .
=S=> BGB 1763. 2 If the child has been adopted by a married couple , the adoption relationship existing between the child and one spouse may also be cancelled .
=S=> BGB 1763. 3 The adoption relationship may only be cancelled a)if , in the case of subsection ( 2 ) , the other spouse or if a natural parent is prepared to take on the care and upbringing of the child , and if the exercise of parental custody by that spouse would not be inconsistent with the best interests of the child or b)if the cancellation is intended to make it possible for the child to be adopted again .
=U4= Sec1764 -- Section 1764 Effect of cancellation
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=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 .
=U4= Sec1765 -- Section 1765 Name of the child after the cancellation
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=S=> BGB 1765. 3 If the name acquired as a result of the adoption has become the family name or civil partnership name , the family court , upon the joint application of the spouses or civil partners , must order , together with the cancellation , that the spouses or civil partners use as their family name or civil partnership name the birth name which the child used before the adoption .
=U4= Sec1766 -- Section 1766 Marriage between adoptive parent and child
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=S=> BGB 1766 If an adoptive parent , contrary to the provisions of family law , enters into marriage with the adopted child or with one of its descendants , then upon the marriage , the legal relationship created between them by the adoption is cancelled . Sections 1764 and 1765 do not apply .
=U3= UTit2 -- Subtitle 2 Adoption of persons of full age
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=U4= Sec1767 -- Section 1767 Admissibility of adoption , applicable provisions
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=S=> BGB 1767. 1 A person of full age may be adopted if the adoption is morally justified ; this is to be assumed in particular if a parent-child relationship has already developed between the adoptive parent and the person to be adopted .
=S=> BGB 1767. 2 The adoption of persons of full age is governed by the provisions on the adoption of minors with the necessary modifications , except as otherwise provided in the following provisions . Section 1757 ( 3 ) applies with the necessary modifications if the adopted person has entered into a civil partnership and his birth name has been determined as the civil partnership name . For the adoption of a person who is a partner in a civil partnership , the consent of the civil partner is necessary .
=U4= Sec1768 -- Section 1768 Application
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=S=> BGB 1768. 1 The adoption of a person of full age is pronounced by the family court upon the application of the adoptive parent and the person to be adopted . Sections 1742 , 1744 , 1745 , 1746 ( 1 ) and ( 2 ) and section 1747 do not apply .
=S=> BGB 1768. 2 For a person to be adopted who is incapable of contracting , the application may be made only by his legal representative .
=U4= Sec1769 -- Section 1769 Prohibition of adoption
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=S=> BGB 1769 The adoption of a person of full age may not be pronounced if overriding interests of the children of the adoptive parent or of the person to be adopted are inconsistent with it .
=U4= Sec1770 -- Section 1770 Effect of adoption
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=S=> BGB 1770. 1 The effects of the adoption of a person of full age do not extend to the relatives of the adoptive parent . The spouse or civil partner of the adoptive parent does not become a relative by marriage of the person adopted , and the spouse or civil partner of the person adopted does not become a relative by marriage of the adoptive parent .
=S=> BGB 1770. 2 The rights and duties arising from the relationship between the person adopted and his descendants and their relatives are not affected by the adoption except as otherwise provided by law .
=S=> BGB 1770. 3 The adoptive parent is obliged to pay maintenance to the person adopted and the descendants of the person adopted before the blood relatives of the person adopted .
=U4= Sec1771 -- Section 1771 Cancellation of the adoption relationship
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=S=> BGB 1771 The family court may , on the application of the adoptive parent and of the person adopted , cancel an adoption relationship to a person of full age that has been pronounced , if there is a compelling reason . Apart from this , the adoption relationship may be cancelled only by applying the provisions of section 1760 ( 1 ) to ( 5 ) with the necessary modifications . The application of the person to be adopted takes the place of the consent of the child .
=U4= Sec1772 -- Section 1772 Adoption with the effects of the adoption of a minor
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=S=> Division 3 Guardianship , legal curatorship , custodianship
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