Widerrufserklärung der Einwilligung des Kindes in die Annahme als Kind Beurkundung

• § 1746 German Civil Code (BGB)
• Section 59 paragraph 1 no. 6 Social Code (SGB) VIII

If you have already consented to your own adoption or your own stepchild adoption in the family court, but this has not yet been pronounced, you can revoke your consent. This requires a public certification.

For an adoption, the consent of the mother, father and child is generally required. It is irrelevant whether the adoption is by a new family, a so-called third-party adoption, or by a step-parent, i.e. a stepchild adoption.
For children younger than 14 years, only the person or persons who legally represent them can give their consent. For older children, as a rule only the child themselves can give their consent. In addition, the consent of the legal representative is required.
If you have consented to an adoption as a child or stepchild but now decide against the adoption, you can revoke your consent as long as the adoption is not yet effective.
This is also possible if the legal representative has given consent for the child and the child later turns 14, but only if the adoption has not yet been completed. The child can revoke the consent on their own. No permission is required for this. It does not matter why the child wants to revoke the consent.
There is a prescribed form for revoking consent. The revocation must be publicly certified. This certification can be done at a notary's office or at a youth welfare office. Certification at the youth welfare office is free of charge. Certification at a notary's office incurs costs. The revocation must then be submitted to the family court.

• Suitable proof of identity, such as identity card, passport or birth certificate
• For the certification, identity must be proven so that it is clear that the child who is to be adopted and not someone else is revoking the consent. A child who is 16 years old or older can present their identity card for this purpose. A child who is younger should clarify with the office where the certification is to be taken how they can prove their identity.

• The legal representative or the child himself, who is at least 14 years old, has consented to an adoption in the prescribed form.
• The child is at least 14 years old and legally competent.

There are costs for notarial certification in accordance with the applicable fee schedule. The notary's office can provide the exact amount of the costs before certification.
The public certification of the revocation before the registrar of a youth welfare office is free of charge.

• If you wish to withdraw your consent, please contact the local youth welfare office or a notary
• The youth welfare office can advise you. However, the advice is not a prerequisite for the revocation declaration.
• To have the declaration of revocation documented, make an appointment with the responsible youth welfare office or with a notary.
• The certificate is issued immediately and must be presented to the family court.
• This stops the adoption process.
• If the certificate is received by the family court before it has made a final decision on the adoption, the adoption can no longer take place.

The necessary legal instructions and questions that may need to be asked before the notarization require a certain amount of time. The amount of time required varies from case to case.
It is advisable to make an appointment for the notarization.

The declaration of adoption may not yet be effective.

No legal remedy is provided.

• Children over 14 years of age can withdraw their consent to their own adoption if the process has not yet been completed.
• The child does not need permission or to give any reasons.
• The revocation of consent must be publicly documented.
• Notarization is possible at a notary's office and at the youth welfare office.

Hamburg District Court