Withdrawal of the child's consent to be adopted as a child - accompaniment

Children over the age of 14 can prevent their adoption by revoking their consent to the adoption as long as the adoption has not yet been decided by a court. This revocation must be publicly notarized.

Adoption generally requires the consent of the child and the legal representatives (usually the mother and father).

If the children are under the age of 14, only the legal representatives (usually the mother and father) can give their consent.

If the child is older than 14, they must give their consent themselves. The legal representatives (usually the mother and father) must give their consent.

If a court has not yet ruled on the adoption, a child aged 14 or older can revoke the consent given to the adoption.

This revocation is also possible if the legal representative has consented to the adoption and the child later turns 14. However, this is only possible if the adoption has not yet been finalized (i.e. no court has yet ruled on the adoption).

The child can revoke their consent to the adoption on their own. This does not require the consent of the legal representative. It does not matter why the child wishes to withdraw consent.

A form is prescribed for the revocation. The revocation must be "publicly notarized". The child can do this at a youth welfare office or at a notary's office.

The notarization does not cost any money at the youth welfare office. At a notary's office, notarization costs money.

Notary's offices and youth welfare offices

• The legal guardian (usually the parents) or the child themselves, who is at least 14 years old, has previously given their consent to the adoption in the prescribed form
• The child is at least 14 years old and has legal capacity.
• A court has not yet ruled on the adoption.

• An appointment should be made before notarization.
• The legal consequences must be explained to the child before notarization. This is explained by the youth welfare office or the notary.
• The revocation is publicly notarized
• The document is sent to the family court.
• The revocation of consent becomes effective as soon as the document is received by the family court.
• If the deed is received by the family court before it has made a final decision on the adoption, the adoption can no longer take place.
  

The revocation is only possible until the adoption is pronounced by the court (adoption order).