Last Updated on June 28, 2021 by LawEuro
German Civil Code (BGB) German law
Title 8
Church duties
Section 1588
(no heading)
The church duties with regard to the marriage are not affected by the provisions of this division.
Division 2
Relationship
Title 1
General provisions
Section 1589
Relationship by blood
(1) Persons one of whom is descended from the other are related lineally. Persons who are not related in direct line but who are descended from the same third person are related collaterally. The degree of relationship is determined by the number of intermediate births.
(2) (repealed)
Section 1590
Relationship by marriage
(1) The relatives of a spouse are related to the other spouse by marriage. The line and the degree of the relationship by marriage are determined according to the line and the degree of the intermediate relationship by blood.
(2) Relationship by marriage continues even if the marriage by which it was created has been dissolved.
Title 2
Descent
Section 1591
Maternity
The mother of a child is the woman who gave birth to it.
Section 1592
Paternity
The father of a child is the man
1. who is married to the mother of the child at the date of the birth,
2. who has acknowledged paternity or
3. whose paternity has been judicially established under section 1600d or section 182 (1) of the Act on the Procedure in Family Matters and in Matters of Non-contentious Jurisdiction [Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit].
Section 1593
Paternity in the case of dissolution of the marriage by death
Section 1592 no. 1 applies with the necessary modifications if the marriage has been dissolved by death and within 300 days after the dissolution a child is born. If it is certain that the child was conceived more than 300 days before its birth, this period of time is conclusive. If a woman who has entered into a further marriage gives birth to a child that would be both the child of the former husband under sentences 1 and 2 and the child of the new husband under section 1592 no. 1, it is to be regarded only as the child of the new husband. If the paternity is challenged and if it is finally and non-appealably established that the new husband is not the father of the child, then it is the child of the former husband.
Section 1594
Acknowledgement of paternity
(1) The legal effects of acknowledgement may, to the extent that statute does not provide otherwise, be asserted only from the date on which the acknowledgement becomes effective.
(2) An acknowledgement of paternity is not effective as long as the paternity of another man is in effect.
(3) An acknowledgement subject to a condition or a stipulation as to time is ineffective.
(4) The acknowledgement is admissible even before the birth of the child.
Section 1595
Need for approval of the acknowledgement
(1) The acknowledgement requires the approval of the mother.
(2) The acknowledgement also requires the approval of the child if the mother does not have parental custody in this respect.
(3) The approval is governed by section 1594 (3) and (4) with the necessary modifications.
Section 1596
Acknowledgement and approval in the case of lack of capacity to contract or limited capacity to contract
(1) A person whose capacity to contract is limited may only acknowledge without a representative. The approval of the legal representative is required. For a person who has no capacity to contract, the legal representative may acknowledge, with the approval of the family court; if the legal representative is a custodian, approval of the custodianship court is necessary. The approval of the mother is governed by sentences 1 to 3 with the necessary modifications.
(2) For a child that is incapable of contracting or is not yet fourteen years old, only the legal representative may approve the acknowledgement. Apart from this, a child that has limited capacity to contract can only give approval without a representative; this requires the approval of the legal representative.
(3) A person of full age placed under care who is capable of contracting may only acknowledge or give approval without a representative; section 1903 is unaffected.
(4) Acknowledgement and approval may not be declared by an authorised representative.
Section 1597
Formal requirements; revocation
(1) Acknowledgement and approval must be notarially recorded.
(2) Certified copies of the acknowledgement and of all declarations that are important for the effectiveness of the acknowledgement are to be sent to the father, the mother and the child, and to the registry of births, deaths and marriages.
(3) The man may revoke the acknowledgement if it has not yet become effective one year after the recording. The revocation is governed by subsections (1) and (2) and section 1594 (3) and section 1596 (1), (3) and (4) with the necessary modifications.
Section 1598
Ineffectiveness of acknowledgement, approval and revocation
(1) Acknowledgement, approval and revocation are ineffective only if they do not satisfy the requirements of the above provisions.
(2) Where, since the entry in a German register of civil status, five years have passed, the acknowledgement is effective, even if it does not satisfy the requirements of the above provisions.
Section 1598a
Claim to consent to a genetic examination to clarify natural parentage
(1) To clarify the natural parentage of the child,
1. the father may require mother and child,
2. the mother may require father and child, and
3. the child may require both parents
to consent to a genetic paternity test and to acquiesce in the taking of a genetic sample appropriate for the test. The sample must be taken in compliance with the recognised principles of science.
(2) On the application of a person entitled to clarify, the family court must substitute consent that has not been given and order acquiescence in the taking of a sample.
(3) The court suspends the proceeds if and as long as the clarification of the natural parentage would result in a considerable adverse effect on the best interests of the minor child which would be unreasonable for the child even taking into account the concerns of the person entitled to clarify.
(4) A person who has consented to a genetic paternity test and has given a genetic sample may require the person entitled to clarify who has had a paternity test made to permit inspection of the genetic paternity test report or to provide a copy. The family court decides disputes arising from the claim under sentence 1.
Section 1599
Non-existence of paternity
(1) Section 1592 nos. 1 and 2 and section 1593 do not apply if, by reason of contestation, it has been finally and non-appealably established that the man is not the father of the child.
(2) Section 1592 no. 1 and section 1593 also do not apply if the child is born after a divorce petition is pending at court and a third person, at the latest before the end of one year after the decree granting the divorce petition has become final and absolute, acknowledges paternity; section 1594 (2) does not apply. In addition to the declarations necessary under sections 1595 and 1596, the acknowledgement requires the approval of the man who is married to the mother at the date of the birth; this approval is governed by section 1594 (3) and (4), section 1596 (1) sentences 1 to 3, (3) and (4), section 1597 (1) and (2) and section 1598 (1) with the necessary modifications. The acknowledgement becomes effective at the earliest when the decree granting the petition for divorce becomes final and absolute.
Section 1600
Persons entitled to contest
(1) The following are entitled to contest the paternity:
1. the man whose paternity exists under section 1592 nos. 1 and 2 and section 1593,
2. the man who declares in lieu of an oath that he had sexual intercourse with the mother of the child during the period of conception,
3. the mother,
4. the child and
5. the competent authority (authority entitled to contest paternity) in the cases of section 1592 no. 2.
(2) The contestation under subsection (1) no. 2 requires that there be no social and family relationship between the child and its father in the meaning of subsection (1) no. 1, nor was there a social and family relationship at the date of his death, and that the person contesting is the natural father of the child.
(3) The contestation under subsection (1) no. 5 requires that there be no social and family relationship between the child and the person acknowledging, nor was there a social and family relationship at the date of the acknowledgment or of his death and the recognition satisfies legal requirements for the permitted entry or the permitted residence of the child or of a parent.
(4) A social and family relationship under subsections (2) and (3) exists if the father, in the meaning of subsection (1) no. 1, has or had actual responsibility for the child at the relevant point of time. There is as a rule an assumption of actual responsibility if the father in the meaning of subsection (1) no. 1 is married to the mother of the child or lived together with the child for a long period in domestic community.
(5) If the child, with the consent of the man and the mother, was conceived by means of artificial insemination by sperm donation from a third person, the contestation of paternity by the man or the mother is excluded.
(6) The Land governments are authorised to specify the public authorities under subsection (1) no. 5 by statutory order. The Land governments may transfer this authorisation by statutory order to the competent supreme Land authorities. If the public authority does not have local jurisdiction under these provisions, the jurisdiction is determined by the seat of the court that is competent for the action.
Section 1600a
Personal contestation; contestation in the case of lack of capacity to contract or limited capacity to contract
(1) The contestation may not be made through an authorised representative.
(2) The persons entitled to contest in the meaning of section 1600 (1) nos. 1 to 3 may contest the paternity only without a representative. This also applies if they have limited capacity to contract; they do not need the approval of their legal representatives for this. If they have no capacity to contract, only their legal representative may contest.
(3) For a child that is incapable of contracting or has limited capacity to contract, only the legal representative may contest.
(4) The contestation through the legal representative is admissible only if it serves the best interests of the person represented.
(5) A person of full age placed under care who is capable of contracting may contest the paternity only without a representative.
Section 1600b
Contestation periods
(1) The paternity may be contested at court within two years. The period commences on the date on which the person entitled learns of the circumstances that argue against the paternity; the existence of a social and family relationship in the meaning of section 1600 (2) first alternative does not prevent the period from running.
(1a) In the case of section 1600 subsection (1) no. 5, the paternity may be contested in court within one year. The period commences when the public authority entitled to contest paternity obtains knowledge of the fact that justify the assumption that the requirements for its right to contest are satisfied. The contestation is excluded at the latest after the expiry of five years after the acknowledgement of paternity for a child born in the Federal territory; failing this, at the latest five years after the entry into the country of the child.
(2) The period does not commence before the birth of the child, nor before the acknowledgement has become effective. In the cases of section 1593 sentence 4, the period does not begin before the finality and non-appealability of the decision finding that the new husband of the mother is not the father of the child.
(3) If the legal representative of a minor child did not contest the paternity in good time, the child may contest it itself after it has reached the age of majority. In this case, the period does not begin before the minor becomes of full age, nor before the date on which the child learns of the circumstances that argue against the paternity.
(4) If the legal representative of a person incapable of contracting did not contest the paternity in good time, the person entitled to contest may himself contest after the lack of capacity to contract comes to an end. Subsection (3) sentence 2 applies with the necessary modifications.
(5) The period is suspended by the commencement of proceedings under section 1598a subsection (2); section 204 subsection (2) applies with the necessary modifications. The period is also suspended as long as the person entitled to contest is unlawfully prevented from contestation by threat. Apart from this, section 204 (1) nos. 4, 8, 13, 14 and (2), as well as sections 206 and 210, apply with the necessary modifications.
(6) If the child obtains knowledge of circumstances on the basis of which the consequences of the paternity are unreasonable for it, the period of subsection (1) sentence 1 commences again for the child on this date.
Section 1600c
Presumption of paternity in contestation proceedings
(1) In the proceedings to contest the paternity, it is presumed that the child is the descendant of the man whose paternity exists under section 1592 nos. 1 and 2 and section 1593.
(2) The presumption under subsection (1) does not apply if the man who has acknowledged paternity contests the paternity and his acknowledgement suffers from a defect in the intention under section 119 (1) and section 123; in this case, section 1600d (2) and (3) apply with the necessary modifications.
Section 1600d
Court determination of paternity
(1) If there is no paternity under section 1592 nos. 1 and 2 and section 1593, the paternity must be determined by the court.
(2) In the proceedings for court determination of paternity, it is presumed that the father is the man who had sexual intercourse with the mother in the period of conception. The presumption does not apply if there are serious doubts as to the paternity.
(3) The period of conception is deemed to be the time from the 300th to the 181st day before the birth of the child, including both the 300th and the 181st days. If it is certain that the child was conceived outside the period of sentence 1, this deviating period of time is deemed to be the period of conception.
(4) The legal effects of paternity may, to the extent that statute does not provide otherwise, be asserted only from the date on which they are established.
Title 3
Obligation to maintain
Subtitle 1
General provisions
Section 1601
Persons with an obligation to maintain
Lineal relatives are under an obligation to maintain each other.
Section 1602
Indigence
(1) Only a person who is incapable of maintaining himself is entitled to maintenance.
(2) A minor unmarried child may demand from its parents, even if it has assets, the payment of maintenance to the extent that the income of its assets and the income of its work are not sufficient for maintenance.
Section 1603
Ability to pay
(1) A person who, taking into account his other duties, is unable, without endangering his reasonable maintenance, to pay maintenance has no obligation to maintain.
(2) If parents are in this situation, they are obliged to their minor unmarried children to use all available funds equally for their maintenance and the maintenance of the children. Unmarried children of full age are equivalent to the minor unmarried children, until these reach the age of twenty-one, as long as they live in the household of the parents or of one parent and are in general education. This obligation does not arise if another relative with an obligation to maintain is available; nor does it arise with regard to a child whose maintenance can be paid from its basic assets.
Section 1604
Influence of the matrimonial property regime
Where the person with an obligation to maintain lives under the matrimonial property regime of community of property, his obligation to maintain towards relatives is determined as if the marital property belonged to him. Where both persons living under the matrimonial property regime of community of property have indigent relatives, the maintenance is to be paid from the marital property as if the indigent relatives had the relationship to both persons with an obligation to maintain on which the obligation to maintain of the person obliged is based.
Section 1605
Duty of information
(1) Lineal relatives are obliged to each other, on request, to supply information on their income and their assets, to the extent that this is necessary to establish a maintenance claim or a maintenance obligation. On the amount of the income, on request, supporting documents, in particular certificates from the employer, must be submitted. Sections 260 and 261 apply with the necessary modifications.
(2) Before the end of a two-year period, information may be demanded again only if it is credibly established that the person with a duty to give information later acquired a substantially higher income or further assets.
Section 1606
Order of priority of more than one person obliged
(1) The descendants are obliged to provide maintenance before the ascendants.
(2) Among the descendants and among the ascendants, the closer relatives are liable before the more distant relatives.
(3) More than one equally close relative are liable on a pro rata basis on the basis of their earnings and property situation. The parent who is caring for a minor unmarried child fulfils his obligation to contribute to the maintenance of the child as a rule in the care and upbringing of the child.
Section 1607
Substituted liability and statutory passing of claim
(1) To the extent that a relative, on the basis of section 1603, has no obligation to maintain, the relative liable after him must pay maintenance.
(2) The same applies if the prosecution of rights against a relative within the country is excluded or substantially more difficult. The claim against such a relative, to the extent that another relative obliged under subsection (1) pays the maintenance, passes to the latter.
(3) The maintenance claim of a child against a parent, to the extent that, subject to the requirements of subsection (2) sentence 1, another relative who is not liable for maintenance, or the spouse of the other parent, pays maintenance in place of the parent, passes to the latter. Sentence 1 applies with the necessary modifications if a third person pays the child maintenance as father.
(4) The passing of the maintenance claim may not be asserted to the disadvantage of the person entitled to maintenance.
Section 1608
Liability of the spouse or civil partner
(1) The spouse of an indigent person is liable before that person’s relatives. However, to the extent that the spouse, taking into account his other duties, is unable, without endangering his reasonable maintenance, to pay maintenance, the relatives are liable before the spouse. Section 1607 (2) and (4) applies with the necessary modifications. The civil partner of the indigent person is liable in the same way as a spouse.
(2) (repealed)
Section 1609
Priority of more than person entitled to maintenance
If there is more than one person entitled to maintenance and if the person liable for maintenance is unable to pay maintenance to all, the following order of priority applies:
1. minor unmarried children and children in the meaning of section 1603 (2) sentence 2,
2. parents who are entitled to maintenance for the care of a child, or would be so entitled in the case of a divorce, and spouses and divorced spouses in the case of a long marriage; if it is determined that the marriage was long, account must also be taken of disadvantages in the meaning of section 1578b (1) sentences 2 and 3,
3. spouses and divorced spouses who do not fall under no. 2,
4. children who do not fall under no. 1,
5. grandchildren and more distant descendants,
6. parents,
7. further ascendants; among these, the more closely related take precedence over the more distantly related.
Section 1610
Amount of maintenance
(1) The amount of maintenance to be paid is determined according to the position in life of the indigent person (appropriate maintenance).
(2) The maintenance includes all the necessities of life, including the costs of appropriate training for an occupation, and in the case of a person needing education, also the costs of education.
Section 1610a
Presumption of cover in the case of additional expenditure resulting from injury
If social security benefits are claimed for outlays as the result of injury to body or health, then when a maintenance claim is determined, it is presumed that the costs of the outlays are not less than the amount of these social security benefits.
Section 1611
Restriction or end of obligation
(1) If the person entitled to maintenance has become indigent as a result of his moral fault, if he has grossly neglected his own obligation to maintain towards the person liable for maintenance or intentionally committed severe misconduct against the person liable for maintenance or a close relative of the person liable for maintenance, the person liable for maintenance need pay a contribution to maintenance only in the amount that is equitable. The obligation lapses completely if it would be grossly inequitable for the person liable for maintenance to be claimed on.
(2) The provisions of subsection (1) do not apply to the obligation of parents to maintain their minor unmarried children.
(3) The indigent person may not, by reason of a restriction of his claim arising under these provisions, claim on other persons liable for maintenance.
Section 1612
Nature of maintenance payment
(1) The maintenance is to be rendered by making pecuniary payments. The person liable for maintenance may request that he be allowed to render the maintenance in another form if special reasons justify this.
(2) If parents are obliged to pay maintenance to an unmarried child, they may determine in what form and for what period in advance the maintenance is to be paid, provided the necessary account is taken of the concerns of the child. If the child is a minor, a parent who does not have care for the person of the child may make a determination only for the time in which the child is taken into the household of the parent.
(3) Periodical payments must be paid monthly in advance. The person obliged owes the full monthly amount even if the person entitled dies in the course of the month.
Section 1612a
Minimum maintenance of minor children
(1) A minor child may demand from one parent, with whom it does not live together in one household, maintenance as a percentage of the applicable minimum maintenance. The minimum maintenance is based on the double tax allowance for the material subsistence level of a child (child allowance) under section 32 (6) sentence 1 of the Income Tax Act [Einkommensteuergesetz]. The monthly rate, depending on the age of the child, is
1. for the time until the child reaches the age of six (first age bracket) 87 per cent,
2. for the time from the age of seven until the child reaches the age of twelve (second age bracket) 100 per cent and
3. for the time from the age of thirteen on (third age bracket) 117 per cent
of a twelfth of the double child allowance.
(2) The percentage must be limited to one decimal place; every further decimal place resulting is not taken into account. The amount resulting from the calculation of the maintenance is to be rounded up to whole euros.
(3) The maintenance of a higher age bracket applies from the beginning of the month in which the child reaches the relevant age.
(4) and (5) (repealed)
Section 1612b
Meeting cash requirements through child benefit
(1) The child benefit for the child is to be used to meet its cash requirements as follows:
1. half of the child benefit if one parent performs his obligation to maintain by caring for the child (section 1606 (3) sentence 2);
2. in all other cases, the complete child benefit.
To this extent, it reduces the cash requirements of the child.
(2) If the child benefit is increased to take account of a child that is not a child of both spouses, it is, in the amount of the increase, not to be taken into account as reducing the requirements.
Section 1612c
Set-off of other child-related payments
Section 1612b applies with the necessary modifications for regularly recurring child-related payments to the extent that they exclude the claim for child benefit.
Section 1613
Maintenance for the past
(1) For the past, the person entitled may claim performance or damages for non-performance only from the date on which the person obliged, for the purpose of asserting the maintenance claim, was requested to provide information on his income and his assets, on which the person obliged was in default or on which the maintenance claim became pending at court. The maintenance is owed from the first of the month in which the events referred to fall if the maintenance claim existed in principle on this date.
(2) The person entitled may demand performance for the past without the restriction of subsection (1)
1. by reason of an irregular exceptionally high need (special need); after the end of a one-year period since it arose, this claim may be asserted only if the person obliged is first in default or the claim has become pending at court;
2. for the period in which he
a) for legal reasons or
b) for factual reasons which fall into the area of responsibility of the person liable for maintenance,
was prevented from asserting the maintenance claim.
(3) In the cases of subsection (2) no. 2, performance may not be demanded, may be demanded only in instalments or may be demanded only at a later date to the extent that full or immediate performance would be an inequitable hardship for the person obliged. This also applies to the extent that a third person demands compensation from the person obliged because he has paid maintenance in place of the person obliged.
Section 1614
Waiver of maintenance claim; advance performance
(1) Maintenance may not be waived for the future.
(2) Advance performance releases the person obliged, in the case where the person entitled becomes indigent again, only for the period of time laid down in section 760 (2) or, if he himself was to determine the period of time, for a period of time that is appropriate in the circumstances.
Section 1615
Extinction of the maintenance claim
(1) The maintenance claim expires on the death of the person entitled or of the person obliged, to the extent that it is not directed at performance or damages for nonperformance for the past or at such performance to be made in advance as is due at the time of the death of the person entitled or of the person obliged.
(2) In the case of the death of the person entitled, the person obliged bears the costs of the funeral to the extent that payment for it cannot be obtained from the heir.
Subtitle 2
Special provisions for the child and its parents who are not married to each other
Section 1615a
Applicable provisions
If there is no paternity under section 1592 no. 1 and section 1593 for a child and if the parents also did not conceive the child during their marriage or enter into marriage with each other after its birth, the general provisions of law apply to the extent that the following provisions do not state otherwise.
Sections 1615b to 1615k
(repealed)
Section 1615l
Maintenance claim of mother and father by reason of the birth
(1) The father must pay the mother maintenance for a period of six weeks before and eight weeks after the birth of the child. This also applies to the costs that arise as a result of the pregnancy or the delivery outside this period.
(2) To the extent that the mother is not engaged in gainful employment because as a result of the pregnancy or of an illness caused by the pregnancy or the delivery she is incapable of doing so, the father is obliged to pay her maintenance for a period exceeding the period set out in subsection (1) sentence 1. The same applies to the extent that the mother cannot be expected to be engaged in gainful employment by reason of the care or upbringing of the child. The obligation to maintain begins at the earliest four months before the birth and continues for at least three years after the birth. It is extended, as long as and to the extent that this is equitable. Here, particular account is to be taken of the concerns of the child and the existing possibilities of childcare.
(3) The provisions of the obligation to maintain between relatives apply with the necessary modifications. The obligation of the father takes precedence over the obligation of the relatives of the mother. Section 1613 (2) applies with the necessary modifications. The claim does not expire on the death of the father.
(4) If the father cares for the child, he has the claim under subsection (2) sentence 2 against the mother. In this case, subsection (3) applies with the necessary modifications.
Section 1615m
Funeral costs for the mother
If the mother dies as a result of the pregnancy or the delivery, the father bears the costs of the funeral to the extent that payment for it cannot be obtained from the heir of the mother.
Section 1615n
No expiry on the death of the father or stillbirth
The claims under sections 1615l and 1615m exist even if the father dies before the birth of the child or if the child is stillborn. In the case of a miscarriage, the provisions of sections 1615l and 1615m apply with the necessary modifications.
Title 4
Legal relationship between the parents and the child in general
Section 1616
Birth name in the case of parents with family name
The child receives the family name of its parents as its birth name.
Section 1617
Birth name in the case of parents without family name and with joint parental custody
(1) If the parents have no family name and if they have joint parental custody, then, by declaration to the registry of births, deaths and marriages, they designate the name that the father or the mother has at the time of the declaration as the birth name of the child. A declaration made after the recording of the birth must be notarially certified. The designation made by the parents also applies for their further children.
(2) If, within one month after the birth of the child, the parents make no designation, the family court transfers the right of designation to one parent. Subsection (1) applies with the necessary modifications. The court may impose a period of time on the parent for the exercise of the right of designation. If, after the period has ended, the right of designation has not been exercised, the child receives the name of the parent to whom the right of designation was transferred.
(3) Where a child is not born on domestic territory, the court transfers to one parent the right of designation under subsection (2) only if a parent or the child applied for this or the entry of the name of the child in a German registry of civil status or in an official German identity document is necessary.
Section 1617a
Birth name in the case of parents without family name and with sole parental custody
(1) If the parents have no family name and if only one of them has parental custody, the child receives the name that this parent has at the date of the birth of the child.
(2) The parent who has the sole parental custody for an unmarried child may, by declaration to the registry of births, deaths and marriages, give the child the name of the other parent. The giving of the name is subject to the consent of the other parent and, if the child has reached the age of five, also the consent of the child. The declarations must be notarially certified. The consent of the child is governed by section 1617c (1) with the necessary modifications.
Section 1617b
Name in the case of subsequent joint parental custody or ostensible paternity
(1) If joint parental custody begins only when the child already has a name, the name of the child may be newly designated within three months after the beginning of the joint parental custody. If one parent, at the date when the joint parental custody begins, does not have his habitual residence on domestic territory, the period does not end before the end of a one-month period after his return to domestic territory. Where the child has reached the age of five, the designation is effective only if the child agrees with the designation. Section 1617 (1) and section 1617c (1) sentences 2 and 3 and (3) apply with the necessary modifications.
(2) Where it is finally and non-appealably established that a man whose family name has become the birth name of the child is not the father of the child, the child, on its application or, if the child has not yet reached the age of five, also on the application of the man, receives as birth name the name that the mother has at the date of the birth of the child. The application is made by declaration to the registry of births, deaths and marriages, which must be notarially certified. The application of the child is governed by section 1617c (1) sentences 2 and 3 with the necessary modifications.
Section 1617c
Name in the case of change of name by the parents
(1) Where the parents designate a family name after the child has reached the age of five, the family name is also the birth name of the child only if the child agrees with the naming. A child with limited capacity to contract that has reached the age of fourteen may make the declaration only without a representative; the approval of its legal representative is necessary for this. The declaration must be made to the registry of births, deaths and marriages; it must be notarially certified.
(2) Subsection (1) applies with the necessary modifications
1. if the family name, which has become the birth name of a child, is changed or
2. if, in the cases of sections 1617, 1617a and 1617b, the family name of a parent, which has become the birth name of a child, is changed in a different way than through marriage or entering into a civil partnership.
(3) A change of the birth name only affects the family name or the civil partnership name of the child if the spouse or civil partner also agrees with the change of name; subsection (1) sentence 3 applies with the necessary modifications.
Section 1618
Bringing child under family name
The parent who has the parental custody for an unmarried child alone or jointly with the other parent and his spouse who is not a parent of the child may, by declaration to the registry of births, deaths and marriages, give their family name to the child that they have taken into their joint household. They may also attach this name in front of or after the name of the child at the date of the declaration; a family name attached earlier in front or after under half-sentence 1 lapses. Giving the name or attaching it in front or after requires the consent of the other parent where he has parental custody jointly with the parent giving the name or the child has his name and, if the child has reached the age of five, also the consent of the child. The family court may substitute the consent of the other parent if the giving of the name or attaching it before or after is necessary for the best interests of the child. The declarations must be notarially certified. Section 1617c applies with the necessary modifications.
Section 1618a
Duty of assistance and respect
Parents and children owe each other assistance and respect.
Section 1619
Services in house and business
As long as the child belongs to the household of its parents and is brought up or maintained by its parents, it has a duty to perform services for its parents in their household and business in a manner appropriate for its strength and its position in life.
Section 1620
Outlays of the child for the household of its parents
If a child of full age belonging to the household of the parents, in order to pay the costs of the household, makes an outlay from its assets, or if it gives the parents something from its assets for this purpose, then in case of doubt it is to be presumed that there is no intention to demand compensation.
Sections 1621 – 1623
(repealed)
Section 1624
Advancement from the parental assets
(1) Whatever is given to a child by its father or its mother with regard to its marriage or to attaining an independent position in life to establish or to maintain a household or a position in life (advancement) is deemed to be a donation, even if there is no duty, only to the extent that the advancement exceeds the degree appropriate to the circumstances, in particular the financial circumstances of the father or the mother.
(2) The duty of the person giving the advancement to give a warranty that there is no error in law or material defect is governed, even to the extent that the advancement is not deemed to be a donation, by the provisions applying to the warranty duty of the donor.
Section 1625
Advancement from the assets of the child
If the father gives an advancement to a child whose assets by reason of parental custody, guardianship or custodianship are subject to the management of the father, then in case of doubt it is to be presumed that he gives it from these assets. This provision applies to the mother with the necessary modifications.
Title 5
Parental custody
Section 1626
Parental custody, principles
(1) The parents have the duty and the right to care for the minor child (parental custody). The parental custody includes the care for the person of the child (care for the person of the child) and the property of the child (care for the property of the child).
(2) In the care and upbringing of the child, the parents take account of the growing ability and the growing need of the child for independent responsible action. They discuss questions of parental custody with the child to the extent that, in accordance with the stage of development of the child, it is advisable, and they seek agreement.
(3) The best interests of the child as a general rule include contact with both parents. The same applies to contact with other persons to whom the child has ties, if maintaining these ties is beneficial for its development.
Section 1626a
Parental custody of parents who are not married to one another; declarations of parental custody
(1) Where the parents, at the date of the birth of the child, are not married to one another, they have joint parental custody
1. if they declare that they wish to take on parental custody jointly (declarations of parental custody),
2. if they marry one another, or
3. if the family court transfers joint parental custody to them.
(2) On application by a parent, the family court is to transfer parental custody or a part of parental custody to both parents jointly in accordance with subsection (1) no. 3 if the transfer is not inconsistent with the best interests of the child. If the other parent fails to submit any reasons which might be inconsistent with the transfer of joint parental custody, and if no such reasons are otherwise manifest, it is to be presumed that joint parental custody is not inconsistent with the best interests of the child.
(3) Apart from this, the mother has parental custody.
Section 1626b
Special requirements for the effectiveness of the declaration of parental custody
(1) A declaration of parental custody subject to a condition or a stipulation as to time is ineffective.
(2) The declaration of parental custody may be made even before the birth of the child.
(3) A declaration of parental custody is ineffective to the extent that a court decision on parental custody under section 1626a (1) no. 3 or section 1671 has been made or such a decision has been altered under section 1696 (1) sentence 1.
Section 1626c
Declaring in person; parent with limited capacity to contract
(1) The parents may make the declarations of parental custody only without a representative.
(2) The declaration of parental custody of a parent with limited capacity to contract is subject to the approval of his legal representative. The approval may only be given by the legal representative without a representative; section 1626b (1) and (2) applies with the necessary modifications. The family court must substitute the approval on the application of the parent with limited capacity to contract if the declaration of parental custody does not conflict with the welfare of this parent.
Section 1626d
Form; duty of notification
(1) Declarations of parental custody and approvals must be notarially recorded.
(2) The reporting agency without undue delay notifies the making of declarations of parental custody and approvals, stating the date of birth and place of birth of the child and the name that the child had at the time when its birth was recorded to the youth welfare office competent under section 87c (6) sentence 2 of Book Eight of the Social Security Code [Sozialgesetzbuch] for the purposes designated in section 58a of Book Eight of the Social Security Code [Sozialgesetzbuch].
Section 1626e
Ineffectiveness
Declarations of parental custody are ineffective only if they do not satisfy the requirements of the above provisions.
Section 1627
Exercise of parental custody
The parents must exercise the parental custody on their own responsibility and in mutual agreement for the best interests of the child. In the case of differences of opinion, they must attempt to agree.
Section 1628
Court decision in the case of differences of opinion between the parents
If the parents, in a single matter or in a particular kind of matter of parental custody the arrangements for which are of substantial importance for the child, cannot agree, the family court, on the application of a parent, may transfer the decision to one parent. The transfer may be subject to limitations or conditions.
Section 1629
Representation of the child
(1) Parental custody includes the representation of the child. The parents represent the child jointly; where a declaration of intention is to be made to the child, it is sufficient if it is made to one parent. One parent represents the child alone, to the extent that he exercises parental custody alone or the decision has been transferred to him under section 1628. In the case of imminent danger, each parent is entitled to undertake all legal act that are necessary for the best interests of the child; the other parent is to be informed without undue delay.
(2) The father and the mother may not represent the child to the extent that under section 1795 a guardian is excluded from the representation of the child. If the parental custody for a child is held by the parents jointly, then the parent in whose charge the child is may assert maintenance claims of the child against the other parent. The family court may deprive the father and the mother under section 1796 of the representation; this does not apply to the determination of paternity.
(2a) The father and the mother may not represent the child in court proceedings under section 1598a (2).
(3) If the parents of the child are married to each other, then one parent, as long as the parents live apart or a matrimonial matter is pending at court between them, may assert maintenance claims of the child against the other parent only in his own name. A court decision obtained by one parent and a court settlement entered into between the parents also take effect for and against the child.
Section 1629a
Restriction of liability of minors
(1) The liability for obligations that the parents, as part of their statutory power of agency, or other persons entitled to represent, as part of their power of agency, have created with effect for the child by legal transaction or another action, or that have arisen on the basis of an acquisition as a result of death that occurred during the minority, is restricted to the inventory of the assets of the child that are in existence when the child reaches the age of majority; the same applies to obligations arising from legal transactions that the minor under sections 107 and 108 or section 111 entered into with the approval of his parents or for obligations arising from legal transactions for which the parents received the approval of the family court. If the minor who is now of full age relies on the restriction of liability, the provisions of sections 1990 and 1991 for the liability of the heir apply with the necessary modifications.
(2) Subsection (1) does not apply to obligations from the independent operation of a trade or business to the extent that the minor was entitled to do this under section 112, and for obligations from legal transactions that served solely the satisfaction of his personal needs.
(3) The rights of the creditors against co-debtors and those who are jointly liable and their rights arising from a security created for the claim or from a priority notice securing its creation are not affected by subsection (1).
(4) If a member of a community of heirs or an association of persons does not within three months after the minor reaches full age demand the partitioning of the estate or the termination of the association, then in case of doubt it is to be assumed that the obligation arising from such a relationship arose after the minor reached full age; similar provisions apply to the proprietor of a trading business who has reached full age and who does not terminate this within three months after reaching full age. Under the preconditions set out in sentence 1, it is also presumed that the present assets of the person who has reached full age were already in existence when he reached full age.
Section 1630
Parental custody in the case of appointment of a curator or of foster care
(1) The parental custody does not extend to matters of the child for which a curator has been appointed.
(2) Where the care for the person of the child or the care for the property of the child is the responsibility of a curator, then the family court decides, if the parents and the curator cannot agree in a matter that relates to both the person and the property of the child.
(3) If the parents place the child in foster care for a long period of time, the family court, on the application of the parents or of the foster carer, may transfer matters of parental custody to the foster carer. For the transfer on the application of the foster carer, the approval of the parents is required. In the scope of the transfer, the foster carer has the rights and duties of a curator.
Section 1631
Contents and limits of care for the person of the child
(1) The care for the person of the child includes without limitation the duty and the right to care for, bring up and supervise the child and to specify its abode.
(2) Children have a right to non-violent upbringing. Physical punishments, psychological injuries and other degrading measures are inadmissible.
(3) The family court is to support the parents, on application, in exercising care for the person of the child in suitable cases.
Section 1631a
Training and occupation
In matters of training and of occupation, the parents take account in particular of the aptitude and inclination of the child. If there are doubts, the advice of a teacher or of another suitable person should be obtained.
Section 1631b
Accommodation associated with deprivation of liberty
Accommodation for the child that is associated with deprivation of liberty requires the approval of the family court. Accommodation is permissible if it is necessary in the child’s best interests, in particular in order to avert a danger to the child himself or to a third-party and the danger cannot be remedied by other means, including via other public assistance. Without approval, accommodation is only permissible if delay entails risk; the approval must thereafter be obtained without undue delay.
Section 1631c
Prohibition of sterilisation
The parents may not consent to a sterilisation of the child. Nor can the child itself consent to the sterilisation. Section 1909 does not apply.
Section 1631d
Circumcision of the male child
(1) The care for the person of the child includes the right to give consent to the medically unnecessary circumcision of a male child who is not capable of reasoning and forming a judgment, if this is to be carried out in accordance with the rules of medical practice. This does not apply if the circumcision, even considering its purpose, jeopardises the best interests of the child.
(2) In the first six months after the child is born, circumcision may also be performed pursuant to subsection (1) by persons designated by a religious group to perform this procedure if these persons are specially trained to do so and, without being a physician, are comparably qualified to perform circumcisions.
Section 1632
Surrender of the child; determination of contact; order that child remains in foster care
(1) The care for the person of the child includes the right to require surrender of the child from every person who is unlawfully withholding it from the parents or from one parent.
(2) The care for the person of the child also includes the right to determine contact for the child, even with effect for and against third parties.
(3) Disputes that relate to a matter under subsection (1) or (2) are decided by the family court on the application of a parent.
(4) Where the child has lived in foster care for a long period of time, and where the parents want to remove the child from the foster carer, the family court may, of its own motion or on the application of the foster carer, order that the child remains with the foster carer, if and as long as the best interests of the child would be endangered by the removal.
Section 1633
Care for the person of the child in the case of a married minor
The care for the person of a minor child that is or was married is restricted to representation in the personal matters.
Sections 1634 – 1637
(repealed)
Section 1638
Restriction of care for the property of the child
(1) The care for the property of the child does not extend to the property which the child acquires as a result of death or which is given it free of charge inter vivos if the testator by testamentary disposition or the donor when making the disposition stipulated that the parents were not to manage the property.
(2) The parents may also not manage whatever the child acquires on the basis of a right that is part of such property or as compensation for the destruction, damage or deprivation of an object that is part of the property or by a legal transaction that relates to the property.
(3) If it is stipulated by testamentary disposition or when the disposition is made that one parent shall not manage the property, the other parent manages it. In this respect, this parent represents the child.
Section 1639
Directions of the testator or donor
(1) Whatever the child acquires as a result of death or whatever it is given free of charge inter vivos the parents must manage under the directions that were made by testamentary disposition or when the disposition was made.
(2) The parents may deviate from the directions to the extent that, under section 1803 (2) and (3), this is permitted to a guardian.
Section 1640
Inventory of property
(1) The parents must make an inventory of the property subject to their management which the child acquires as a result of death, affix to the inventory an affirmation that it is correct and complete and submit the inventory to the family court. The same applies to property which the child obtains in another way on the occasion of a death, and to lump sum payments that are made instead of maintenance, and gratuitous dispositions. In the case of household objects, a statement of the total value is sufficient.
(2) Subsection (1) does not apply
1. if the value of an acquisition of property does not exceed 15,000 euros or
2. to the extent that the testator by testamentary disposition or the donor when making the disposition made a direction to the contrary.
(3) If the parents, contrary to subsection (1) or (2), do not submit an inventory, or if the inventory submitted is inadequate, the family court may order that the inventory is recorded by a competent authority or a competent official or notary.
Section 1641
Prohibition of donation
The parents may not, in representation of the child, make donations. An exception applies to donations that are made to comply with a moral duty or to show consideration to decency.
Section 1642
Investment of money
The parents must invest the money of the child subject to their management in accordance with the principles of efficient management of assets to the extent that it is not to be kept ready to pay expenses.
Section 1643
Legal transactions subject to approval
(1) For legal transactions for the child, the parents need the approval of the family court in the cases in which under section 1821 and under section 1822 nos. 1, 3, 5 and 8 to 11 a guardian needs approval.
(2) The same applies to the disclaimer of an inheritance or of a legacy and for the waiver of a compulsory portion. Where the devolution on the child occurs only as the result of the disclaimer of a parent who represents the child alone or jointly with the other parent, the approval is necessary only if the parent was entitled together with the child.
(3) The provisions of sections 1825 and 1828 to 1831 apply with the necessary modifications.
Section 1644
Surrender of objects of property to the child
The parents may not, without the approval of the family court, surrender to the child, to perform a contract entered into by the child or for its free disposition, objects that they may alienate only with the approval of the family court.
Section 1645
New trade or business
The parents should not, without the approval of the family court, commence a new trade or business in the name of the child.
Section 1646
Acquisition with funds of the child
(1) If the parents acquire movable things with the funds of the child, then on the acquisition the ownership passes to the child, unless the parents do not intend to acquire for the account of the child. This applies in particular also to bearer instruments and to instruments made out to order which bear a blank endorsement.
(2) The provisions of subsection (1) apply with the necessary modifications if the parents, with the funds of the child, acquire a right in property of the nature designated or another right for the transfer of which the contract of assignment suffices.
Section 1647
(repealed)
Section 1648
Reimbursement of outlays
If the parents, in exercising the care for the person of the child or the care for the property of the child, make outlays which in the circumstances they are permitted to regard as necessary, then they may demand reimbursement from the child except to the extent that the outlays are not borne by themselves.
Section 1649
Use of the income of the property of the child
(1) The income of the property of the child that is not needed for the proper management of the property is to be used for the maintenance of the child. To the extent that the income of the property is not sufficient, the income may be used which the child acquires as a result of its work or as a result of the independent operation of a trade or business permitted him under section 112.
(2) The parents may use the income of the property which is not needed for the proper management of the property and for the maintenance of the child for their own maintenance and for the maintenance of the minor unmarried siblings of the child, to the extent that this is equitable, taking into account the property and earnings situation of the persons involved. This power lapses on the marriage of the child.
Sections 1650 – 1663
(repealed)
Section 1664
Limited liability of the parents
(1) In exercising the parental custody, the parents are answerable to the child only for the care they customarily exercise in their own affairs.
(2) If both parents are responsible for damage, they are liable as joint and several debtors.
Section 1665
(repealed)
Section 1666
Court measures in the case of endangerment of the best interests of the child
(1) Where the physical, mental or psychological best interests of the child or its property are endangered and the parents do not wish or are not able to avert the danger, the family court must take the measures necessary to avert the danger.
(2) In general it is to be presumed that the property of the child is endangered if the person with care for the property of the child violates his maintenance obligation towards the child or his duties connected with the care for the property of the child or fails to comply with orders of the court that relate to the care for the property of the child.
(3) The court measures in accordance with subsection (1) include in particular
1. instructions to seek public assistance, such as benefits of child and youth welfare and healthcare,
2. instructions to ensure that the obligation to attend school is complied with,
3. prohibitions to use the family home or another dwelling temporarily or for an indefinite period, to be within a certain radius of the home or to visit certain other places where the child regularly spends time,
4. prohibitions to establish contact with the child or to bring about a meeting with the child,
5. substitution of declarations of the person with parental custody,
6. part or complete removal of parental custody.
(4) In matters of care for the person of the child, the court may also undertake measures with effect against a third party.
Section 1666a
Principle of proportionality; priority of public support measures
(1) Measures which entail a separation of the child from its parental family are admissible only if the danger cannot be countered in another way, not even through public support measures. This also applies if one parent is temporarily or for an indefinite period to be refused use of the family home. Where a parent or a third party is refused the use of the home in which the child also lives or of another home, then when the duration of the measure is assessed it should also be considered whether this person has the ownership, a heritable building right or usufruct in the plot of land on which the home is located; similar provisions apply to the ownership of an apartment, a permanent residential right and a right of habitation running with the land, or if the parent or third party is the lessee of the home.
(2) The complete care for the person of the child may be revoked only if other measures have been unsuccessful or if it is to be assumed that they do not suffice to avert the danger.
Section 1667
Court measures in the case of endangerment of the property of the child
(1) The family court may order that the parents submit an inventory of the property of the child and render an account of the management. The parents must affix to the inventory an affirmation that it is correct and complete. If the inventory submitted is inadequate, the family court may order that the inventory is made by a competent authority or by a competent official or notary.
(2) The family court may order that the money of the child is invested in a particular way and that its approval is necessary for revocation. If securities, valuables or Debt Register claims against the Federal Government or a Land are part of the property of the child, the family court may impose on the parent who represents the child the same duties as, under sections 1814 to 1816 and 1818, are imposed on a guardian; sections 1819 and 1820 apply with the necessary modifications.
(3) The family court may require the parent who endangers the property of the child to provide security for the property subject to his management. The nature and the scope of the provision of security is determined by the family court in its discretion. In the creation and cancellation of the security, the cooperation of the child is substituted by the order of the family court. The provision of security may be compelled only by the care for the property of the child being removed in whole or in part under section 1666 (1).
(4) The costs of the measures ordered are borne by the parent who occasioned them.
Sections 1668 – 1670
(repealed)
Section 1671
Transfer of sole custody where the parents live apart
(1) If parents live apart for a period that is not merely temporary, and if they have joint parental custody, each parent may apply for the family court to transfer parental custody or part of parental custody to him alone. The application is to be granted to the extent that
1. the other parent consents, unless the child has reached the age of fourteen and objects to the transfer, or
2. it is to be expected that the termination of the joint parental custody and the transfer to the applicant is most conducive to the best interests of the child.
(2) If parents live apart for a period that is not merely temporary and if, under section 1626a (3), the mother has parental custody, the father may apply for the family court to transfer parental custody or part of the parental custody to him alone. The application is to be granted if
1. the mother consents, unless the transfer is inconsistent with the best interests of the child or the child has reached the age of fourteen and objects to the transfer, or
2. joint custody cannot be considered and it is to be expected that the transfer to the father is most conducive to the best interests of the child.
(3) If the parental custody of the mother is suspended in accordance with section 1751 (1) sentence 1, the application of the father for transfer of joint parental custody in accordance with section 1626a (2) is to be deemed to be an application in accordance with subsection (2). The application is to be granted where the transfer of parental custody to the father is not inconsistent with the best interests of the child.
(4) The applications in accordance with subsections (1) and (2) are not to be granted where parental custody must be regulated differently on the basis of other provisions.
Section 1672
(repealed)
Section 1673
Suspension of parental custody in the case of a legal obstacle
(1) The parental custody of one parent is suspended if he is incapable of contracting.
(2) The same applies if he has limited capacity to contract. He has the care for the person of the child together with the legal representative of the child; he is not entitled to represent the child. In the case of a difference of opinion, the opinion of the minor parent has precedence, if the legal representative of the child is a guardian or curator; failing this, section 1627 sentence 2 and section 1628 apply.
Section 1674
Suspension of parental custody in the case of a factual obstacle
(1) The parental custody of a parent is suspended if the family court establishes that he cannot in fact exercise the parental custody for a long period of time.
(2) The parental custody revives if the family court establishes that the reason for the suspension no longer applies.
Section 1674a
Suspension of the mother’s parental custody for a child delivered by confidential birth
The mother’s parental custody is suspended for a child delivered by confidential birth pursuant to section 25 (1) of the Law on Conflicts in Pregnancies [Schwangerschaftskonfliktgesetz]. Her parental custody revives if the family court establishes that the mother has provided the court with the information required to enter the child’s birth in the register.
Section 1675
Effect of the suspension
As long as the parental custody is suspended, a parent is not entitled to exercise it.
Section 1676
(repealed)
Section 1677
Termination of parental custody by declaration of death
The parental custody of one parent ends if he is declared dead or the time of his death is established under the provisions of the Missing Persons Act [Verschollenheitsgesetz], at the time that is deemed to be the time of death.
Section 1678
Consequences for the other parent of the actual prevention or of the suspension
(1) Where a parent is actually prevented from exercising parental custody, or where his parental custody is suspended, the other parent exercises the parental custody alone; this does not apply if the parental custody under section 1626a (3) or section 1671 was held by the parent alone.
(2) Where the parental custody of the parent, which he had alone under section 1626a (3) or section 1671, is suspended, and where there is no prospect of the reason for the suspension ceasing to apply, the family court must transfer parental custody to the other parent if this is not inconsistent with the best interests of the child.
Section 1679
(repealed)
Section 1680
Death of a parent or removal of the parental custody
(1) If the parental custody was held by the parents jointly and if one parent has died, the parental custody is held by the surviving spouse.
(2) Where a parent who, under section 1626a (3) or 1671, had sole custody has died, the family court must transfer parental custody to the surviving parent if this is not inconsistent with the best interests of the child.
(3) Subsections (1) and (2) apply with the necessary modifications to the extent that one parent is deprived of parental custody.
Section 1681
Declaration of death of a parent
(1) Section 1680 (1) and (2) applies with the necessary modifications if the parental custody of a parent ends because he is declared dead or the time of his death has been established under the provisions of the Missing Persons Act [Verschollenheitsgesetz].
(2) Where this parent is still alive, the family court, on application, must transfer parental custody to him to the extent to which he held it before the conclusive date under section 1677, if this is not inconsistent with the best interests of the child.
Section 1682
Order that the child remains with persons to whom it relates
Where the child has lived for a long period in a household with one parent and the parent’s spouse, and where the other parent, who under sections 1678, 1680 and 1681 may now alone determine the abode of the child, wants to remove the child from the spouse, the family court may of its own motion or on the application of the spouse order that the child remains with the spouse, if and as long as the best interests of the child would be endangered by the removal. Sentence 1 applies with the necessary modifications if the child has lived for a long period in a household with one parent and the parent’s civil partner or a person entitled to contact under section 1685 (1).
Section 1683
(repealed)
Section 1684
Contact of the child with its parents
(1) The child has the right to contact with each parent; each parent has a duty and a right of contact with the child.
(2) The parents must refrain from everything that renders more difficult the relationship of the child to the other parent or the upbringing. Similar provisions apply if the child is in the charge of another person.
(3) The family court may decide on the scope of the right of contact and make more detailed provisions on its exercise, including provisions affecting third parties. It may enjoin the parties by orders to fulfil the duty defined in subsection (2). If the obligation in accordance with subsection (2) is considerably violated permanently or repeatedly, the family court may also order custodianship for the implementation of access (access custodianship). Access custodianship includes the right to demand surrender of the child to implement access and to determine where the child is to be for the duration of access. The order is to be time-limited. Section 277 of the Act on the Procedure in Family Matters and in Matters of Non-contentious Jurisdiction applies with the necessary modifications to compensation for expenditure and remuneration of the access custodian.
(4) The family court may restrict or exclude the right of contact or the enforcement of earlier decisions on the right of contact, to the extent that this is necessary for the best interests of the child. A decision that restricts the right of contact or its enforcement for a long period or permanently may only be made if otherwise the best interests of the child would be endangered. The family court may in particular order that contact may take place only if a third party who is prepared to cooperate is present. The third party may also be an agency of the youth welfare service or an association; the latter then determines in each case which individual carries out the task.
Section 1685
Contact of the child with other persons to whom it relates
(1) Grandparents and siblings have a right to contact with the child if this serves the best interests of the child.
(2) The same applies to persons to whom the child relates closely if these have or have had actual responsibility for the child (social and family relationship). It is in general to be assumed that actual responsibility has been taken on if the person has been living for a long period in domestic community with the child.
(3) Section 1684 (2) to (4) applies with the necessary modifications. The family court may only order access custodianship in accordance with section 1684 (3) sentences 3 to 5 if the prerequisites of section 1666 (1) are met.
Section 1686
Information on the personal circumstances of the child
Each parent may, in the case of justified interest, demand information from the other parent on the personal circumstances of the child, to the extent that this is not inconsistent with the best interests of the child.
Section 1686a
Rights of the biological but not legal father
(1) As long as the paternity of another man exists, the biological father who has demonstrated a serious interest in the child has
1. a right of access to the child if such access is in the best interests of the child, and
2. a right to be provided with information from each parent regarding the personal circumstances of the child where he has a justified interest and this is not inconsistent with the best interests of the child.
(2) Section 1684 (2) to (4) applies with the necessary modifications with regard to the right of access to the child in accordance with subsection (1) no. 1. The family court may only order access custodianship in accordance with section 1684 (3) sentences (3) to (5) if the prerequisites of section 1666 (1) are satisfied.
Section 1687
Exercise of joint parental custody when the parents live apart
(1) If parents who have joint parental custody live apart not merely temporarily, then in the case of decisions in matters the arrangement of which is of substantial significance for the child their mutual agreement is necessary. The parent with whom the child, with the consent of the other parent or on the basis of a court decision, customarily resides has the authority to decide alone in matters of everyday life. Decisions in matters of everyday life are as a rule such as frequently occur and that have no effects that are difficult to alter on the development of the child. As long as the child, with the consent of this parent or on the basis of a court decision, resides with the other parent, the latter has the authority to decide alone in matters of actual care. Section 1629 (1) sentence 4 and section 1684 (2) sentence 1 apply with the necessary modifications.
(2) The family court may restrict or exclude the powers under subsection (1) sentences 2 and 4 if this is necessary for the best interests of the child.
Section 1687a
Power to make decision of the parent without parental custody
For each parent who does not have parental custody and with whom the child resides with the consent of the other parent or of another person with parental custody or on the basis of a court decision, section 1687 (1) sentences 4 and 5 and (2) apply with the necessary modifications.
Section 1687b
Parental custody powers of the spouse
(1) The spouse of a parent with sole parental custody who is not a parent of the child has the power, in agreement with the parent with parental custody, to make joint decisions in matters of the everyday life of the child. Section 1629 (2) sentence 1 applies with the necessary modifications.
(2) In the case of imminent danger, each spouse is entitled to undertake all legal act that are necessary for the best interests of the child; the parent with parental custody is to be informed without undue delay.
(3) The family court may restrict or exclude the powers under subsection (1) if this is necessary for the best interests of the child.
(4) The powers under subsection (1) do not exist if the spouses live apart for a not merely temporary period.
Section 1688
Decisions of the foster carer
(1) If a child lives in foster care for a long period, the foster carer is entitled to decide in matters of everyday life and to represent the person with parental custody in such matters. The person is authorised to manage the child’s earnings from work and to assert and manage maintenance, insurance, pension and other social security benefits for the child. Section 1629 (1) sentence 4 applies with the necessary modifications.
(2) The foster carer is equivalent to a person who in connection with the help under sections 34, 35 and 35a (1) sentence 2 nos. 3 and 4 of Book Eight of the Social Security Code [Sozialgesetzbuch] has taken on the upbringing of and care for a child.
(3) Subsections (1) and (2) do not apply if the person with parental custody declares otherwise. The family court may restrict or exclude the powers under subsections (1) and (2) if this is necessary for the best interests of the child.
(4) For a person with whom the child, on the basis of a court decision under section 1632 (4) or section 1682, resides, subsections (1) and (3) apply subject to the proviso that the powers set out may be restricted or excluded only by the family court.
Sections 1689 – 1692
(repealed)
Section 1693
Court measures where the parents are prevented
If the parents are prevented from exercising parental custody, the family court must take the measures necessary in the interest of the child.
Sections 1694, 1695
(repealed)
Section 1696
Amendment of judicial decisions and of court-approved settlements
(1) The decision on the right of custody or of access or a court-approved settlement must be amended if this is appropriate for sound reasons which affect the interests of the child in the long term. Decisions in accordance with section 1626a (2) may be altered in accordance with section 1671 (1); section 1671 (4) applies with the necessary modifications. Section 1678 (2), section 1680 (2), as well as section 1681 (1) and (2), remain unaffected thereby.
(2) A measure under sections 1666 to 1667 or another provision of the Civil Code, which may only be taken if this is necessary to avert a danger to the child’s best interests or which is in the child’s best interests (measure under the law on child protection) must be cancelled if there is no longer a danger to the best interests of the child or the measure is no longer necessary.
Section 1697
(repealed)
Section 1697a
Principle of best interests of child
To the extent not provided otherwise, the court, in proceedings on the matters provided for in this title, makes the decision that, taking into account the actual circumstances and possibilities and the justified interests of those involved, is most conducive to the best interests of the child.
Section 1698
Surrender of the property of the child; rendering an account
(1) If the parental custody ends or is suspended, or if their care for the property of the child ends for another reason, they must surrender the property to the child and, on request, render an account of the management.
(2) The parents must render account of the emoluments of the property of the child only to the extent that there is reason to assume that they have used the emoluments contrary to the provisions of section 1649.
Section 1698a
Continuation of transactions in ignorance that parental custody has ended
(1) The parents may continue the transactions connected with the care for the person of the child and with the care for the property of the child until they obtain knowledge of the termination of parental custody or until they ought to know of it. A third party cannot rely on this power if, when he undertakes a transaction, he knows of the termination or ought to have knowledge.
(2) These provisions apply with the necessary modifications if the parental custody is suspended.
Section 1698b
Continuation of urgent transactions after the death of the child
If the parental custody ends as the result of the death of the child, the parents must, until the heir can make other arrangements, carry out the transactions which cannot be deferred without danger.
Sections 1699 – 1711
(repealed)
Title 6
Legal advisership
Section 1712
Youth welfare office as legal adviser; tasks
(1) On the written application of a parent, the youth welfare office becomes the legal adviser of the child for the following tasks:
1. the determination of paternity,
2. the assertion of maintenance claims and the disposition of these claims; if the child is in the foster care of a third party on a payment basis, the legal adviser is entitled to satisfy the third party from the payment made by the person liable for maintenance.
(2) The application may be restricted to individual tasks of those designated in subsection (1).
Section 1713
Persons entitled to apply
(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.
(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.
Section 1714
Occurrence of legal advisership
The legal advisership begins as soon as the application is received by the youth welfare office. This also applies if the application is made before the birth of the child.
Section 1715
Termination of legal advisership
(1) The legal advisership ends when the applicant demands this in writing. Section 1712 (2) and section 1714 apply with the necessary modifications.
(2) The legal advisership also ends as soon as the applicant ceases to satisfy any of the requirements set out in section 1713.
Section 1716
Effects of legal advisership
The legal advisership does not restrict the parental custody. Apart from this, the provisions on curatorship, with the exception of those on the supervision of the family court and the rendering of an account apply with the necessary modifications; sections 1791 and 1791c (3) do not apply.
Section 1717
Requirement of habitual residence on domestic territory
The legal advisership only occurs if the child has its habitual residence on domestic territory; it ends if the child establishes its habitual residence abroad. This applies to the legal advisership before the birth of the child with the necessary modifications.
Sections 1718 – 1740
(repealed)
Title 7
Adoption
Subtitle 1
Adoption of minors
Section 1741
Admissibility of the adoption
(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.
(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.
Section 1742
Adoption only as child of the spouses
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.
Section 1743
Minimum age
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.
Section 1744
Probationary period
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.
Section 1745
Prohibition of adoption
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.
Section 1746
Consent of the child
(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.
(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.
(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.
Section 1747
Consent of the parents of the child
(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.
(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.
(3) If parents who are not married to one another do not have joint parental custody,
1. the consent of the father may be given even before the birth;
2. the father may waive the right to apply for the transfer of parental custody under section 1626a (2) and section 1671 (2) by means of a publicly certified declaration; section 1750 applies, with the necessary modifications, with the exception of subsection (1) sentence 2 and subsection (4) sentence 1;
3. if the father has applied for the transfer of custody under section 1626a (2) or section 1671 (2), an adoption may not be pronounced until after there has been a decision on the application of the father.
(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. The abode of a mother who has delivered her child by confidential birth pursuant to section 25 (1) of the Law on Conflicts in Pregnancies [Schwangerschaftskonfliktgesetz] is deemed permanently unknown until she has provided the family court with the information required to enter the child’s birth in the register.
Section 1748
Substitution of the consent of a parent
(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.
(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.
(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.
(4) In the cases of section 1626a (3), 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.
Section 1749
Consent of the spouse
(1) For one spouse alone to adopt a child, the consent of the other spouse is necessary. The family court may, on the application of the adoptive parent, substitute the consent. The consent may not be substituted if justified interests of the other spouse and or the family conflict with the adoption.
(2) For the adoption of a married person, the consent of his spouse is necessary.
(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.
Section 1750
Declaration of consent
(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.
(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.
(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.
(4) The consent loses its force if the application is revoked 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.
Section 1751
Effect of parental consent, maintenance obligation
(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.
(2) Subsection (1) does not apply to a spouse whose child is adopted by the other spouse.
(3) Where the consent of one parent has ceased to apply, the family 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.
(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.
Section 1752
Order of the family court, application
(1) The adoption is pronounced by the family court, on the application of the adoptive parent.
(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.
Section 1753
Adoption after death
(1) The pronouncement of the adoption may not be made after the death of the child.
(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.
(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.
Section 1754
Effect of adoption
(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.
(2) In the other cases the child attains the legal position of a child of the adoptive parent.
(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.
Section 1755
Extinction of relationships
(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.
(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.
Section 1756
Continuation of relationships
(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.
(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.
Section 1757
Name of the child
(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].
(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.
(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.
(4) The family court may, on the application of the adoptive parent, with the consent of the child to the pronouncement of the adoption
1. 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;
2. 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.
Section 1746 (1) sentences 2 and 3 and (3) first half-sentence applies with the necessary modifications.
Section 1758
Prohibition on disclosure and exploratory questioning
(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.
(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.
Section 1759
Cancellation of the adoption relationship
The adoption relationship may be cancelled only in the cases of section 1760 and 1763.
Section 1760
Cancellation for lack of declarations
(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.
(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.
(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.
(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.
(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.
Section 1761
Obstacles to cancellation
(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).
(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.
Section 1762
Entitlement to apply; period for filing application, form
(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.
(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.
(3) The application must be notarially recorded.
Section 1763
Cancellation by the court of its own motion
(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.
(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.
(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.
Section 1764
Effect of cancellation
(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.
(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.
(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.
(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.
(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.
Section 1765
Name of the child after the cancellation
(1) Upon the cancellation of the adoption, the child loses the right to use the family name of the adoptive parent as its birth name. In the cases of section 1754 (1), sentence 1 does not apply if the child uses a birth name under section 1757 (1) and the adoption relationship is cancelled in relation to one parent alone. If the birth name has become the family name or civil partnership name of the child, the name is unaffected.
(2) On the application of the child, the family court may order, together with the cancellation, that the child retains the family name which it acquired as a result of the adoption, if the child has a justified interest in the use of this name. Section 1746 (1) sentences 2 and 3 applies with the necessary modifications.
(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.
Section 1766
Marriage between adoptive parent and child
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.
Subtitle 2
Adoption of persons of full age
Section 1767
Admissibility of adoption, applicable provisions
(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.
(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.
Section 1768
Application
(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.
(2) For a person to be adopted who is incapable of contracting, the application may be made only by his legal representative.
Section 1769
Prohibition of adoption
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.
Section 1770
Effect of adoption
(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.
(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.
(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.
Section 1771
Cancellation of the adoption relationship
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.
Section 1772
Adoption with the effects of the adoption of a minor
(1) The family court may, when pronouncing the adoption of a person of full age, on the application of the adoptive parent and of the person to be adopted, rule that the effects of the adoption are based on the provisions on the adoption of a minor or of a related minor (sections 1754 to 1756) if
a) a minor who is the brother or the sister of the person to be adopted has been adopted by the adoptive parent or is adopted at the same time or
b) the person to be adopted was taken into the family of the adoptive parent when he was a minor or
c) the adoptive parent adopts the child of his spouse or
d) the person to be adopted is not yet of full age at the time at which the application for adoption is filed with the family court.
Such a provision may not be made if overriding interests of the parents of the person to be adopted are inconsistent with it.
(2) The adoption relationship may, in the cases of subsection (1), 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.
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