Procedure for adoption as a child Counselling and instruction

If parents want to give their child up for adoption, the consent of both parents is required. In exceptional cases, the family court may replace the consent of one of the parents. The responsible youth welfare office is obliged to advise and instruct the parents on the procedure.

For the release for adoption of a child, the consent of the parents and the consent of the child is required. The consent of one of the parents is only not required if the residence cannot be located. If a parent persistently grossly violates his or her duties towards the child or is permanently incapacitated, the family court may replace the parent's consent.

Even if a parent shows by his behavior that he is indifferent to the child, consent can be replaced. In this case, the Youth Welfare Office is obliged to inform the parent about the possibility of replacing consent. It must point out to him that the family court may only replace the consent after the expiry of three months after the instruction.

The instruction is not required if the parent has changed his place of residence without leaving his new address and the whereabouts could not be determined by the Youth Welfare Office for a period of three months despite appropriate investigations; in this case, the period begins with the first act of the Jugendamt aimed at informing or determining the whereabouts. The deadlines expire at the earliest five months after the birth of the child.

The Youth Welfare Office should advise the parent with the instruction about help that could enable the upbringing of the child in their own family, provided that this does not cause lasting damage to the mental and physical well-being of the child.

Please contact the adoption agency of the locally responsible youth welfare office.

None

• Forms: none
• Online procedure possible: no
• Written form required: no
• Personal appearance required: no

The parent is unable to fulfil his or her parental duties.

None

• The child or his/her legal representative applies to the family court for the replacement of the parent's consent.
• Subsequently, or in advance, the adoption agency offers the counseling and carries out the instruction.
• The family court decides with the participation of the parent whose consent is to be replaced and with the hearing of the Youth Welfare Office. whether consent is replaced.

• At the earliest 5 months after the birth of the child
• In case of indifference: 3 months after instruction

Usually several months

None