Gültigkeitsgebiet: Bundesweit
Here you will find information on your rights and obligations regarding birth, child maintenance obligations in cross-border family situations, as well as information on surrogacy and adoption.
Birth
Every child born in Germany must be registered by the person responsible for the place of birth competent registry office to be registered.
Having to register a birth:
For further questions, the Registry office available.
Surrogacy
The Surrogacy arrangement is in Germany pursuant to Section 1 paragraph 1 number 7 of the Embry protección Act forbidden. The ban serves to prevent so-called split motherhoods, in which the genetic and gestational mothers are not identical. In the interest of the child's welfare, the legislature intended to Unambiguity of motherhood ensure. According to German descent law, the birth mother of the child (§ 1591 BGB). A woman who is not the birth mother of the child can only obtain legal attribution as the mother in the Ways of adoption achieve.
Maintenance obligations for children in cross-border family situations
Depending on the state in which the person liable to pay maintenance or person entitled to receive maintenance resides, maintenance claims can be enforced abroad through various procedures.
The law on Enforcement of maintenance claims in dealings with foreign states (International Maintenance Recovery Act – AUG) forms the legal framework in Germany for proceedings in which there are international bases for action on the which maintenance obligations can be claimed. These are in particular:
Furthermore, the AUG is applicable in the case of guaranteed formal reciprocity in accordance with the Foreign Maintenance Act.
Adoption
Adoption establishes a new parent-child relationship through a judicial decision. It is pronounced by the family court by means of a court order.
Child adoptionDie Kinship of the child to his or her previous parents and relatives expires (Section 1755 of the Civil Code – BGB).
Adult adoptionDie Kinship to the previous parents and relatives expires fundamentally not. Exceptions are possible (§§ 1770, 1772 BGB).
Adoption is only permissible if it best interests of the child. Furthermore, it is expected that between the adoptive parents and the child a parent-child relationship is established (§ 1741 subsection 1 sentence 1 BGB). For adoption, the Consent of the biological parents, the adoptive parent(s) and the child is required: Where applicable, the judicial consent replaced (§§ 1746 ff. BGB).
Who can adopt?
Married couples can only adopt a child jointly. In this case, one spouse must have reached the age of 25 and the other the age of 21 (§ 1741 BGB, § 1743 BGB).
Single can adopt a child alone if they are at least 25 years old (§ 1741 BGB, § 1743 BGB).
At unmarried couples or couples in registered civil partnerships Initially, only one person can adopt. The other person has the option to adopt the child that their partner has already adopted (successive adoption). Furthermore, a person can adopt their own stepchild if they are married to the child's mother or father, are in a registered civil partnership, or live together in a stable long-term relationship (§ 1741 BGB and § 1766a BGB). The minimum age for the adopting person in a stepchild adoption is 21 years, while the age of the partner does not matter.
Further rules and requirements
Sections 1741-1772 of the Civil Code (BGB) as well as sections 186-199 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG) contain further rules and requirements for adoption and its effect as well as regarding the Possibility of revocation of an adoption carried out.
These regulations are flanked by Adoption Placement Act. These provisions restrict adoption placement and provide for special regulations for intercountry adoption. Specifically regarding the domestic effect of Intercountry adoptions furthermore the provisions of Adoption Effect Act To be noted.
At international matters Article 22 of the Introductory Act to the Civil Code (EGBGB) governs which law applies to an adoption and to the necessary consents of the birth parents. For adoptions granted domestically, German law applies.
Intercountry adoptions
Adoption decisions from contracting states of the Hague Adoption Convention from 1993 (HCAC) are recognized in Germany in accordance with the HCAC. In addition to the HCAC, recognition is governed by supplementary national law (Adoption Convention Implementation Act – AdÜbAG –, Adoption Effects Act – AdWirkG –). For adoption decisions from non-contracting states of the HCAC, §§ 108ff. of the Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction (FamFG) continue to apply. Crucially, a judicial recognition determination procedure is mandatory for the recognition of foreign adoption decisions unless a certificate pursuant to Art. 23 of the HCAC is available for the foreign adoption decision, confirming that the adoption was executed in accordance with the provisions of the HCAC.
In Section 6 of the Nationality Act it is regulated in which cases an intercountry adoption the German Nationality mediated.
Birth
Surrogacy
Maintenance obligations
Family portal of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth
Adoption
Information about the family
Family portal of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth
