Aufnahme eines minderjährigen Kindes in Adoptionspflege

• § 1744 Bürgerliches Gesetzbuch (BGB) – Probezeit
• § 1751 BGB – Wirkung der elterlichen Einwilligung, Verpflichtung zum Unterhalt

Adoption care is a kind of intermediate stage on the way to adoption and serves to bring the child and adopter closer together and to integrate them into the family. It begins on the day on which you, as the future adoptive parents, take in the child and ends when the family court (Familiengericht) pronounces the adoption and the decision becomes legally binding.

Adoption care is prescribed by law. As a rule, one year is to be assumed. Depending on the age of the child, the adoption care period may be extended.

To be obtained from the responsible office.

• You are suitable as adoptive parents after examination by the adoption agency.
• In the opinion of the adoption agency (and possibly the birth parents) you are the most suitable adoptive parents for the respective child.
• You intend to adopt the child. The adoption foster care period is not a non-binding trial period.
• It is expected that a genuine parent-child relationship will develop.

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• After you have successfully applied to the adoption agency, you will receive a proposal with all known information about the child and its family of origin. You can then decide at your leisure whether you want to meet the child.
• If you would like to meet the child, the adoption office will organise initial contacts under the guidance of the adoption specialist. Then the phase of getting to know each other begins.
• If it appears that the contact is successful, you can then take the child in with you with the purpose of adoption. At this point, the adoption care begins.
• During this time, the child's legal representation usually lies with the youth welfare office. During this phase, the adoption agency will also advise and support you in all matters concerning the child.
• As soon as the parental consents have been received by the family court and the child is living in your household with the purpose of adoption, you are primarily liable for maintenance.
• In the course of the adoption care period, you can submit a notarised adoption application to the family court. If the child is older than 14, he or she must also consent to the adoption himself or herself. For a child under 14 years of age, his or her legal representative gives consent.
• After the adoption care period has expired, the court decides on the adoption application.

Note: Already during the adoption care period, you can

• insure the child with your statutory health insurance,
• Apply for child benefit and parental leave, and
• claim pension and tax benefits for yourself.

The actual duration of adoptive care depends on the individual case. Among other things, it is based on the age of the child.

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non applicable