Adoption

Adoption (of adoptio) the acceptance is one as .

Definition

By the acceptance on child instead of (since 1976: Acceptance as a child) develops between that or the accepting and the accepting legally parents child relationship without consideration for the biological descent. With adopted children those may Care children not to be confounded.

History of the adoption (until 1888)

Institut of the adoption came only with the Roman right to Germany (to the adoption in see Adoption (Roman realm)). It was completely unknown to the old German right, and from this it explains itself, why adopted children inherited in former times neither the aristocracy of their foster father nor the Lehen of the same, because aristocracy and Lehen are Germanlegal institutes, which remained free by each influence of the Roman right. In England, where the Roman right found very little entrance, it was still end 19. Century unknown, and in France it is only by that Code civil of introduced.

German right

The newer German legislation maintained the regulations of the common right in the main, simplified and to our present social conditions adapted the same however substantially. Thus that determined of the youth welfare office opposite that Court of guardianship to be examined is. A goal of the work of the youth welfare office after the new conception is to be examined it, whether the foster parents will be able, the child by feel as its own to assume and it as good ones as possible , which with already larger children and Sozialisationsschaeden of great importance, already existing, is particularly.

Nowadays only comparatively few children released for adoption actually come on numerous adoption applicants. Z place a problem.T. the foreign adoptions, D.h. the adoption by German foster parents after the foreign right, made abroad.

The adoption of adults is with partly deviating legal consequences (smaller integration into the new family, no German nationality) regulated since 1976 separately in the BGB.

Forms of the adoption

Inkognito adoption

During the Inkognito adoption it comes to no connections between old and new family. The switching document is to be waived with the mediating place 60 years. The foster parents and under 16 years the old adopted ones with the agreement of their foster parents can see this switching document under technical company. Young person, those 16. Lebensjahr completed, may also without the agreement of their foster parents the document read.

From view of most adoption mediators and the specialists, who work with adopted one, open handling of the foster parents with the fact of the adoption of their child is very important opposite this for the structure of self-assurance of the child.

Half-open adoption

During the half-open adoption in such a way specified can the contact between physical parents and child by means of letters and photo over that Youth welfare office or the mediating agency to be maintained.

Open adoption

During open adoptions it sometimes already occurs, often only after the birth of the child to a discussion contact between the delivering and taking up parents. Depending upon like this first contact runs, result from it sometimes durable meetings between different parents and the child. For those physical parents is the contact to the child a possibility of making itself from the further development of the child its own picture. For the foster parents the personal contact is too received to the child to that physical parents a possibility a realistic picture from the personality of delivering parents and this picture to further-obtain, if the contacts between parents continue not until the child can form its own opinion over his origin parents. Which effects have the different forms of the open adoption on the children, is not so far examined.

Foreign adoption

Foreign adoption is the adoption of a child from the foreign country usually over foreign organizations, associations or recognized private switching centers. After the legal changes in the course of the ratification of the protection agreement Hague under age by the Federal Republic of Germany compellingly the participation of a foreign adoption switching center certified in Germany in the procedure is prescribed. Information about these foreign adoption switching centers is to be received with the central switching centers of the respective national youth welfare offices.

There are further many critical voices for the adoption of children from third world countries. On the one hand the child trade is to be prevented also by the new agreements not really. Whether the consent took place into the adoption actually voluntarily, whether the child is actually abandoned, is often not to be clarified in the acceptance procedure. On the other hand the financial expenditure for only one adoption is to be supported sufficiently around families in such a way that they could provide for nutrition and education of mehrer children.(see www.tdh.de Website of "terre hommes" Germany)

Parents for children e.V. (EfK) is its own, nationally recognized adoption switching center - now foreign switching center (newer, legally protected term after §4 Abs. 2 adoption switching law, new version). EfK was created 1987 by former members with "terre of the hommes", in order to continue the foreign adoption as an individual assistance for abandoned children. Since this time by EfK over 500 left children from the foreign country a new at home in Germany found. EfK has an internationally recognized procedure for the consultation and selection of foster parents. The adoptions are accomplished on the basis that Hague conventions. Full-time and honorary coworkers possess experiences from some hundred adoption switchings. This makes EfK respected and respectable interlocutor of the youth welfare offices in Germany and the responsible authorities abroad.

Stepchild adoption

The stepchild adoption is the most frequent kind of the adoption. Is the accepting with parents of the accepting or verpartnert. After consent into the adoption by the other physical parents, the request of the stepparents part on acceptance of the child and the agreement with the applicant married and/or. verpartnerten parents with the notary the court of guardianship expresses the adoption, if the youth welfare office does not raise objections and the Vormundschaftsricher in the personal hearing of the applicant and the child did not get doubts against the adoption. Starting from an age of 14 years also the consent of the child is necessary with the notary. If further children of the stepparents part are present, these are asked for adoption. Purely hereditarylegal reasons cannot successfully be stated against an adoption. The special at the stepchild adoption is that - differently than with other adoptions - the legal descending relationship to with the accepting the married and/or. verpartnerten parents one keeps upright and only the descending relationship on the other hand the physical parents one terminates. Thus the child becomes then a common child of the married people and/or. Life partner, which is aimed at straight with this kind of the adoption.

Hague convention

To 27. September 2001 has that the law for the regulation of legal questions in the area of the international adoption and for the advancement of the adoption switching right affirmatively. Thus became Hague "convention over the protection of children and co-operation in the area of the international adoption" of 29. May 1993 ("Hague conventions") for Germany and converted. The Federal Republic of Germany reached the 1. March 2002 Contracting State.

Goals

Goals that Hague convention are exclusive of technical standards the sicherstellung of the child well-being and the keeping of the fundamental rights with international adoptions, in particular the prevention of child trade by attention with international adoptions, co-operation of the Contracting States over central authorities in the way of a standardized procedure and safety device of the mutual acknowledgment of adoption decisions in all Contracting States.

Each Contracting State is held to undertake efforts that a child can remain in his origin family. Only as last step the international adoption is possible.

The law for the regulation of legal questions in the area of the international adoption and for the advancement of the adoption switching right converted the convention into national right and stepped to the 1. January 2002 in strength. It essentially consists of three partial laws, which contain also regulations for national adoptions and international adoptions from non-contracting states:

the revised version of the adoption switching law (AdVermiG)
the law of remark adoption convention (AdUebAG) and
the adoption effect law (AdWirkG).

Austria has those Hague convention to 19. There May 1999 ratified, it is at the 1. September 1999 entered into force.

Germany recognizes 1 since that. January 2003 the entry of Guatemala to Hague the agreement no longer on (as reason it is called that corruption in Guatemala cannot be excluded). The official procedure runs off differently than in Germany, since there is not an institution like the "youth welfare office". In Guatemala adoptions are cared for by notaries and decided by the there responsible family court. Adoptions from Guatemala are at present very with difficulty, there for the moment the competent authorities (youth welfare offices...) and necessary reports refuse a co-operation only with high cost by switching of the respective adoption switching center in Germany to be provided.

Adoption in the management economics

Those Adoption is beside that a concept that Diffusionstheorie within the marketing and management teachings. Under Adoption becomes thereby the assumption one by an individual or a one understood.

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