Germany - HCCH

ADOPTION
Doc. prél. No 3 B
Prel. Doc. No 3 B
mars / March 2010
PROFIL D’ÉTAT POUR L’ADOPTION INTERNATIONALE
ÉTAT D’ACCUEIL
établi par le Bureau Permanent
* * *
COUNTRY PROFILE FOR INTERCOUNTRY ADOPTION
RECEIVING STATE
drawn up by the Permanent Bureau
Document préliminaire No 3 B de mars 2010 à l’intention de la
Commission spéciale de juin 2010 sur le fonctionnement pratique de la
Convention de La Haye du 29 mai 1993 sur la protection des enfants et
la coopération en matière d'adoption internationale
Preliminary Document No 3 B of March 2010 for the attention of the
Special Commission of June 2010 on the practical operation of the
Hague Convention of 29 May 1993 on Protection of Children and
Co-operation in Respect of Intercountry Adoption
Permanent Bureau | Bureau Permanent
6, Scheveningseweg 2517 KT The Hague | La Haye The Netherlands | Pays-Bas
telephone | téléphone +31 (0)70 363 3303 fax | télécopieur +31 (0)70 360 4867
e-mail | courriel secretariat@hcch.net website | site internet http://www.hcch.net

PROFIL D’ÉTAT POUR L’ADOPTION INTERNATIONALE
ÉTAT D’ACCUEIL
établi par le Bureau Permanent
* * *
COUNTRY PROFILE FOR INTERCOUNTRY ADOPTION
RECEIVING STATE
drawn up by the Permanent Bureau

LAST UPDATED: 17-06-2010
Germany
The Hague Convention of 29 May 1993 on Protection of Children and
Co-operation in Respect of Intercountry Adoption:
Date of ratification or accession:22 November 2001
Objections to accession made by:
Date of entry into force:1 March 2002
Contact information of Central Authority:
Name of office: Bundesamt für Justiz
- Bundeszentralstelle für Auslandsadoption -
Address: Adenauer Allee 99 - 103, 53113 Bonn
Telephone: +49 (0)228 99 410 - 5414, 5415
Fax: +49 (0)228 99 410 - 5402
E-mail: auslandsadoption@bfj.bund.de
Web site: www.bundesjustizamt.de
Contact Person(s): Wolfgang Weitzel
If your State has appointed more than one Central Authority, please provide contact
information for each of these Central Authorities:
Kommunalverband für Jugend und Soziales Baden-Württemberg
Dezernat Jugend
Zentrale Adoptionsstelle
Lindenspürstr. 39
70176 Stuttgart
Tel.: +49 (711) 6375 - 0
Fax: +49 (711) 6375 - 449
E-Mail: zas@kvjs.de
Internet: www.kvjs.de
Zentrum Bayern Familie und Soziales
Bayerisches Landesjugendamt
Zentrale Adoptionsstelle
Marsstr. 46
80335 München
Postfach 400260
80702 München
Tel.: +49 (89) 1261 - 04
Fax: +49 (89) 1261 - 2280
RECEIVING STATE
COUNTRY PROFILE
FOR INTERCOUNTRY ADOPTION
Country Profile – Receiving Sate 3

E-Mail: poststelle@zbfs-blja.bayern.de
Internet: www.blja.bayern.de
Zentrale Adoptionsstelle der Länder Berlin und Brandenburg
im Landesjugendamt des Landes Brandenburg
Hans-Wittwer-Str. 6
16321 Bernau
Tel.: + 49 (3338) 701 - 828
Fax: + 49 (3338) 701 - 863
E-Mail: Gabriele.Adamczewski@lja.brandenburg.de
Internet: www.Zentrale Adoptionsstelle Berlin-Brandenburg.de
Landesamt für Gesundheit und Soziales Mecklenburg-Vorpommern
Abteilung Jugend und Familie / Landesjugendamt
Zentrale Adoptionsstelle
Neustrelitzer Str. 120, Block D
17033 Neubrandenburg
Postfach 11 01 63
17041 Neubrandenburg
Tel.: +49 (395) 380 - 3320
Fax: +49 (395) 380 - 3302
E-Mail: Poststelle.Lja@Lagus.mv-regierung.de
Internet: www.lagus.mv-regierung.de
Gemeinsame Zentrale Adoptionsstelle der Länder Freie Hansestadt Bremen,
Freie und Hansestadt Hamburg, Niedersachsen und Schleswig-Holstein - GZA -
bei der Behörde für Soziales, Familie, Gesundheit und Verbraucherschutz
der Freien und Hansestadt Hamburg -
Südring 32
22303 Hamburg
Tel.: +49 (40) 428 63 - 5006
Fax: +49 (40) 428 63 - 5188
E-Mail: GZA@bsg.hamburg.de
Internet: www.hamburg.de/gza
Landschaftsverband Rheinland
- Landesjugendamt -
Kennedy-Ufer 2
50663 Köln
Tel.: +49 (221) 809 - 0
Fax: +49 (221) 809 - 6252
E-Mail: anke.muetzenich@lvr.de, detlef.happ-margotte@lvr.de
Internet: www.lvr.de
Landschaftsverband Westfalen-Lippe
LWL-Landesjugendamt Westfalen
Zentrale Adoptionsstelle
Warendorfer Str. 27
48145 Münster
Tel.: +49 (251) 591 - 6585
Fax: +49 (251) 591 - 6898
E-Mail: ruth.schuerbuescher@lwl.org
Internet: www.lwl.org/LWL/Jugend/Landesjugendamt
Landesamt für Soziales, Jugend und Versorgung
Gemeinsame Zentrale Adoptionsstelle Rheinland-Pfalz und Hessen
- Landesjugendamt -
Rheinallee 97 - 101
Country Profile – Receiving Sate 4

55118 Mainz
Postfach 29 64
55019 Mainz
Tel.: +49 (6131) 967 - 0
Fax: +49 (6131) 967 - 320
E-Mail: GZA@lsjv.rlp.de
Internet: www.landesjugendamt.de
Ministerium für Arbeit, Familie, Prävention, Soziales und Sport
- Landesjugendamt –
Zentrale Adoptionsstelle
Franz-Josef-Röder-Str. 23
66119 Saarbrücken
Tel.: +49 (681) 501 – 2083 oder – 2084
Fax: +49 (681) 501 – 3416
E-Mail: r.hilpert@bildung.saarland.de oder d.doerr@bildung.saarland.de
Internet: www.landesjugendamt.saarland.de
Sächsisches Staatsministerium für Soziales
Landesjugendamt
SG4: Familienbildung, Hilfen zur Erziehung, Zentrale Adoptionsstelle
Parkstr. 28
09120 Chemnitz
Tel.: +49 (371) 24081-184 oder 185
Fax: +49 (351) 451 00 54 - 941 oder 945
E-Mail: Zentrale.Adoptionsstelle@slfs.sms.sachsen.de
Internet: www.slfs.sachsen.de/lja
Landesverwaltungsamt
Landesjugendamt
Zentrale Adoptionsstelle
Ernst-Kamieth-Str. 2
06112 Halle
Tel.: +49 (345) 514 - 0
Fax: +49 (345) 514 - 1719
E-Mail: ZAS@lvwa.sachsen-anhalt.de
Internet: http://www.sachsen-anhalt.de
Thüringer Ministerium für Soziales, Familie und Gesundheit
Referat 35
- Landesjugendamt -
- Zentrale Adoptionsstelle Thüringen -
Werner-Seelenbinder-Str. 6
99096 Erfurt
Postfach 90 03 54
99106 Erfurt
Tel.: +49 (361) 3798 - 375
Fax.: +49 (361) 3798 - 830
E-Mail: Brita.Fuchs@tmsfg.thueringen.de
Internet: www.thueringen.de/de/tmsfg/familie/landesjugendamt
1. ROLE OF AUTHORITIES AND BODIES IN ADOPTION
1.1 Central Authority
Describe briefly the functions of the Central Authority(ies) (e.g., see Arts 6-9; and
Arts 14-21 if accredited bodies are not used).
Country Profile – Receiving Sate 5

The Central Authority within the meaning of article 6 of the Hague Convention of 29
May 1993 (Convention) are the Federal Office of Justice in its capacity as the
Federal Central Office for International Adoption (Federal Central Office) and the
central adoption offices of the regional youth welfare offices (central adoption
office).
The Federal Central Office performs the duties in keeping with article 6, section 2,
sentence 2 of the Convention and co-ordinates the fulfilment of the duties in
keeping with the articles 7 and 9 of the Convention with the international
placement offices. The fulfilment of the tasks in keeping with article 8 of the
Convention is co-ordinated with the central adoption offices.
1.2 Public authorities and competent authorities
Describe briefly the role of any public authorities and competent authorities
including courts (e.g., see Arts 4, 5, 9 and 22).
Federal Central Office and central adoption office: see 1.1
Other state authorities within the meaning of articles 9 and 22, paragraph 1 of the
Convention are the adoption placement offices of the youth welfare offices,
provided the supervising central adoption office has issued a single case
permission. The adoption placement offices perform the duties in keeping with
articles 9 and 14 to 21 of the Convention for their placement cases.
Other permitted organisations within the meaning of articles 9 and 22, paragraph 1
of the Convention are the accredited bodies, provided they have been approved
for international adoption placement relative to the countries party to the
Convention (section 2a sub-section 3 No. 3, section 4 sub-section 2 of the
German Adoption Placement Act). The accredited bodies perform the duties only
with respect to the placement of a child with habitual residence outside Germany
for PAPs with habitual residence in Germany.
1.3 Bodies / Persons involved in the adoption process
a) Under Article 13 (national accredited bodies):
i. If your State has accredited any adoption bodies, please indicate the
number and describe their role.
Currently, there are 14 national accredited bodies. They perform the duties
in keeping with articles 9 and 14 to 21 of the Convention for their placement
cases with respect to the placement of a child with habitual residence outside
Germany for PAPs with habitual residence in Germany.
ii. Are their details on the Hague Conference website and are they kept up to
date?
yes
(see http://www.hcch.net/index_en.php?act=authorities.details&aid=179)
b) Under Article 22(2) (approved (non-accredited) persons):
i. If your State has approved any non-accredited persons, please indicate the
number and describe their role.
- / -
ii. Are their details on the Hague Conference website and are they kept up to
date?
- / -
1.4 Accreditation and authorisation
Country Profile – Receiving Sate 6

Did your State complete the Questionnaire of 2009 on accredited bodies? If so,
the Permanent Bureau will provide the link to your response on its website.
yes
1.4.1 Accreditation (Arts 10-11) 1
a) What is the name of the authority / body responsible for accreditation of national
adoption bodies?
The central adoption offices of the regional youth welfare offices
b) Describe briefly the process of accreditation and the most important
accreditation criteria. Provide a link to more detailed information.
The approval as accredited body can be gained, if the evidence is furnished that
the office
1. only entrusts specialists with adoption placements, who on account of their
personality, their training and the professional experience are suitable,
2. is staffed with at least two full-time specialists or a corresponding number of
part-time specialists,
3. can be expected to fulfil its tasks correctly in particular on account of its method
of working and the financial position of its legal entity, and
4. is operated by a legal entity or an association of persons which wishes to pursue
tax-privileged purposes in compliance with sections 51 to 68 of the German
Fiscal Code.
In order to examine as to whether the pre-requisites continue to exist, the
central adoption office of the regional youth welfare office shall be permitted to
collect information on the work of the adoption placement office in general and in
detail, on the personal and functional competence of its managers and staff
members as well as on the legal and organisational conditions as well as the
financial standing of their legal entity.
For more detailed information:
http://www.bundesjustizamt.de/nn_257850/SharedDocs/Publikationen/BZAA/
AdVermiG__engl,templateId=raw,property=publicationFile.pdf/AdVermiG_engl.pdf
1.4.2 Authorisation (Art. 12) 2
a) What is the name of the authority / body responsible for authorisation of
accredited bodies in your State to act in other Contracting States?
- / -
b) Is authorisation given as part of the accreditation process or is it a separate
procedure?
- / -
c) Is the authorisation granted to work in all States of origin, some States or only
one State?
- / -
d) Does your State use any criteria to decide on a request for authorisation?
Provide a link to more detailed information.
- / -
1 “Accreditation” is the procedure to license adoption agencies according to the standards in the Convention
so they may assist in arranging Convention adoptions. Adoption agencies with accreditation are “accredited
bodies”.
2 “Authorisation” is the procedure required by the Convention when an accredited body (usually in a receiving
State) wishes to work in or with another country (the State of origin). Both States must give their
authorisation.
Country Profile – Receiving Sate 7

2. CHILDREN PROPOSED FOR ADOPTION IN THE STATE OF ORIGIN
a) In your State, are there any conditions (by law or procedure) that affect the
adoptability of a child from another State? Please specify
-/-
b) Describe what is meant by “children with special needs” in your State.
There is neither a legal definition nor an official guideline for classifying a child
with special needs. Common special needs conditions may be serious medical
conditions, emotional and behavioral disorders, history of abuse or neglect,
medical or genetic risk due to familial mental illness or parental substance
abuse.
3. PROSPECTIVE ADOPTIVE PARENTS (PAPS)
3.1 Eligibility and suitability criteria for PAPs (Art. 5 a))
3.1.1 Criteria of eligibility
a) Profile of PAPs
Married couple
Unmarried couple or registered
partnership
Single person
Same sex couple
b) Age requirements
Minimum age
Maximum age
Woman
Man
Yes If yes, are any conditions
imposed? No.
No If yes, are any conditions imposed
(e.g., length of the relationship)?
Yes If yes, are any conditions
imposed? No.
Yes If yes, are any conditions
imposed? No.
No If yes, are any conditions
imposed?
The adoptive parent must
have reached the age of
twenty-five.
In case of a person who is
not married adopting a
child only alone the age of
twenty-one is requiered.
In case of a married couple
a spouse must have
reached the age of twentyfive
and the other spouse
the age of twenty-one.
Yes / No Although the German
Adoption Law provides no
upper age limit for the
adoption applicants,
proceeding from the
Country Profile – Receiving Sate 8

Difference (in years) required
between the PAPs and the child:
c) Other criteria
Couple with children (biological or
adopted)
Infertility certificate Yes / No
Other
No
If yes, specify
3.1.2 Evaluation of PAPs
principle that "the adoption
shall be in the interest of
upbringing and growth of
the adopted minors", there
shall be a reasonable age
difference between the
adopter and the adoptee.
With this consideration in
mind, the central adoption
offices of the Land youth
welfare offices recommend
an age difference between
the PAPs and the child of
generally not more than 40
years.
No The age difference between
child and PAPs should not
be different from the
average age difference of
biological parents and their
children. The central
adoption offices of the Land
youth welfare offices
recommend an age
difference between the
PAPs and the child of
generally not more than 40
years.
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.
The evaluation of PAPs is one part of the report on PAPs: see section 5.1
a) Which body or expert performs the evaluation?
The central adoption office, the youth welfare office or the accredited body
Country Profile – Receiving Sate 9

) Describe briefly the evaluation procedure of PAPs.
The respective adoption placement office (central adoption office, youthwelfare
office with single case permission or accredited body) shall carry out relevant
investigations on the PAPs' suitability to adopt a child from abroad in preparation
of the adoption. Even if the central adoption office or an accredited body is
responsible adoption placement office, upon request the local youth welfare
office shall investigate the general suitability of the PAPs with their habitual
residence in its area for the adoption of a child with habitual residence outside
Germany. If the responsible adoption placement office considers the PAPs
suitable in general, the said shall prepare a report on the results of the
investigation, in which it expresses its views on the legal qualification and the
suitability of the adoption applicants to take over the responsibility in conjunction
with an international adoption as well as on the characteristic features of
children, for which they are suitable to care.
3.2 Preparation and counselling of PAPs (Art. 5 b))
a) In your State, are courses given to prepare PAPs for international adoption?
yes
If yes,
i. Are they mandatory?
No, but strongly recommended by the central adoption offices of the
regional youth welfare offices
ii. At what stage(s) in the adoption process are they offered?
At an very early stage
iii. Who provides the courses?
The accredited bodies, state authorities and private providers
iv. Are they provided to PAPs collectively and / or individually?
both
v. For what period of time?
weeks until months
vi. What is their content?
preparation and counsel
vii. Are there any specific courses for PAPs wishing to adopt a child with
special needs?
yes
b) What advice or counselling is available to individual PAPs? Who provides it and at
which stage(s) in the adoption process is it provided?
see a)
4. PREPARATION OF THE ADOPTION FILE OF PAPS
4.1 Submission of adoption request of PAPs
a) To which authority / body are the adoption request and related documents
submitted?
The applicants with habitual residence within Germany shall direct their
Country Profile – Receiving Sate 10

application either to the central adoption office of the regional Youth Welfare
Office, to the youth welfare office competent in the district of which they
habitually reside or to an accredited body. This decision is dependant on the
State of Origin the PAPs desire to adopt from as well as their budget.
b) Is it mandatory to submit the adoption request through an accredited body?
no
c) Who assists the PAPs if there is no accredited body involved?
-/-
4.2 Required documents in your State
a) Please indicate whether the following documents are required:
An application form for adoption completed by the PAPs
A statement of “approval to adopt” issued by a competent authority
Report on the PAPs including the “Home study” and other personal evaluations
(Art. 15)
Copies of passports of PAPs or other personal identification documents
Copies of birth certificates of PAPs and of other children residing with them
A copy of the marriage certificate (if married couple), divorce certificate (if
either or both of the PAPs is divorced) or death certificate of the spouse (if one
of the PAPs is widowed)
Health certificates
Evidence of the financial circumstances of the family
Employment certificate
Proof of no criminal record
Please specify any other documents that are required:
-/-
b) If applicants apply through an accredited body, are the following documents
required?
Power of attorney issued by the family to the accredited body (e.g., a contract
signed by an accredited body and the PAPs
A document issued by a competent authority of your State and certifying that
the accredited body may engage in intercountry adoption
5. THE ADOPTION PROCEDURE
5.1 Report on the PAPs (Arts 5 a) and 15)
a) Who prepares the “home study” and other documents?
See 3.1.2. b)
b) For how long is the report valid? Who is responsible for renewing the report if the
period of validity expires before the adoption is completed?
The report is valid for 6 - 12 months. Responsible for renewing it are the same
authorities as mentioned above.
c) Who sends the PAPs request to the State of origin?
Country Profile – Receiving Sate 11

After the responsible adoption placement office has convinced itself of the
suitability of the PAPs, it shall forward the requested application documents
inclusive of the report to the central authority of the state of origin. Upon
request of the PAPs, the German Federal Central Office shall participate in the
transmission of the requested documents.
5.2 Matching and transmission of the report on the child (Art. 16(2))
Who receives the report on the child referral and when are the PAPs informed?
The responsible German adoption placement office acting as central authority
should receive the chlid proposal b e f o r e the PAPs in order to give a first
estimation on the matching. Unfortunately, some central authorities of States of
origin do not observe this order.
Before or after receipt of a child proposal, the German adoption placement office
may enter into an exchange of opinions with the central authority of the state of
origin.
5.3 Acceptance of the match (Art. 17 a) and b))
a) How much time is allowed for the PAPs to decide to accept the match?
short time
b) Is the match accepted if the profile of the child does not correspond to the one
approved for those PAPs in the “home study”?
No
c) What are the conditions, if any, for approval by the Central Authority or other
body of the proposed match?
The child proposal of the central authority of the state of origin requires the
approval by the German placement office acting as central authority, which shall
have to make detailed examinations in particular of whether
1. the adoption is in the best interest of the child and
2. (a) the establishment of an adoption relationship is probable in Germany or
(b) if the adoption is to be carried out in a foreign country, this will lead to a
result which under consideration of the best interests of the child is evidently
inconsistent with significant principles of German law, in particular with the
fundamental rights.
5.4 Agreement under Article 17 c)
Which is the competent authority / body that must give agreement that the
adoption may proceed?
The responsible adoption placement office acting as central authority in this case
(central adoption office, local youth welfare office with single case permission or
accredited body)
5.5 Travel of the PAPs to the State of origin
a) Does your State impose any travel requirements or restrictions on PAPs in
addition to those imposed by the State of origin? Please specify.
no
b) In what circumstances is an escort permitted to get the child from the State of
Country Profile – Receiving Sate 12

origin?
This is a case-by-case decision depending on whether the escort is ordered by
the competent authorities in the state of origin or the receiving state.
5.6 Authorisation to enter and reside permanently (Arts 5 c) and 18)
Specify the procedure to obtain authorisation for the child to enter and reside
permanently in your State.
For the purpose of the establishment and preservation of a familial
community between the PAPs and the child to be adopted,
the entry and residence p r i o r to the execution of the adoption shall be
based on the regulations on the right of entry of children as stipulated in
the German Residence Act (Aufenthaltsgesetz) as soon as
1. the international placement organisation has approved the child
proposal of the central authority of the state of origin and
2. the adoption applicants have consented to the child proposal.
If the adoption has been pronounced in the state of origin before the child applies
for immigration to Germany, the certificate of conformity is generally sufficient
for the issuance of passport or visa (dependant of the adoption's effects). If no
certificate of conformity can be submitted, the German Mission or other
competent German office has to estimate if the adoption decision can be
recognised under German Law (respect of ordre public/fundamental rights).
5.7 Arrival of the child
Once the child has arrived in your State, what is the procedure, if any, to notify the
Central Authority or accredited body of the arrival?
The Central Authority is permanently involved so that a notification is not necessary
5.8 Certificate under Article 23
a) What is the competent authority for issuing the certificate under Article 23 in
cases where the adoption order / decree is issued in your State?
If a central adoption office of the regional youth welfare office gives its consent
in compliance with article 17, letter c of the Convention, the said shall issue the
certificate in compliance with article 23 or article 27, section 2 of the Convention
upon request of a body with a legal interest. If a youth welfare office or an
accredited body has given its consent, the central adoption office of the regional
youth welfare office shall be responsible, in the district of which the youth
welfare office is located or in the district of which the accredited body is based.
b) Have the details of the competent authority been sent to the Convention’s
depositary 3 (as required by Art. 23(2)) or to the Permanent Bureau?
yes
c) Does your State use the “Recommended model form – Certificate of conformity
of intercountry adoption” (see Guide to Good Practice No 1 - Annex 7, available
on Hague Conference website)?
yes
d) Describe the procedure for issuing the certificate. For example, is a copy given
automatically to the PAPs? Is a copy sent to the Central Authority of the State of
origin? How long does it take to issue the certificate?
3
The depositary of the Convention is the Ministry of Foreign Affairs of the Kingdom of the Netherlands
(Art. 43(2)).
Country Profile – Receiving Sate 13

There is no special procedure.
e) In cases where the certificate is issued in the State of origin, which authority or
body in your State receives a copy of the certificate?
It depends on the State of origin. Principally, the responsible German adoption
office acting as central authority shall also receive a copy of the Certificate.
6. ADOPTION OF A RELATIVE CHILD (INTRA-FAMILY ADOPTION)
a) Explain what is meant by “relative child” in your State.
A child which is in a legal relationship to one of the PAPs, for instance a niece or
nephew
b) In what circumstances does your State allow the adoption of a child, who is
habitually resident in another State, by relatives of that child who are habitually
resident in your State?
No special regulations exist in the national adoption law; The Hague Adoption
Convention is fully applicable.
c) Does your State apply Convention procedures to such adoptions? Are there
measures to expedite such adoptions?
Yes, the HAC is applied to such adoptions; there are no specific
measures to expedite them.
7. POST-ADOPTION MATTERS
7.1 Post-adoption reports
a) Who is responsible for making the reports?
The adoption placement office
b) Who is required to send them to the States of origin?
Provided it is needed to fulfil the adoption requirements set by a foreign country,
the adoptive parents have to send them to the State of origin but they and the
adoption placement office may agree in writing that the said reports to the
competent office in the corresponding country.
c) If the reports are forwarded by the accredited bodies or adoptive parents, is
there any monitoring to ensure the reports are sent? Does the Central Authority
have a role to play?
Only by the state of origin. The German Federal Central Office is not involved in
processing. If the state of origin asks for post-adoption reports at the Federal
Central Office it will contact the responsible adoption placement office and/or the
adoptive parents.
7.2. Post-adoption services (Art. 9 c))
a) Describe the post-adoption services, if any, that are provided in your State, and
who provides them.
In conjunction with the placement and the adoption, the adoption placement
office, with the approval of the adopting party, shall consult the child and his/her
parents in detail, in particular before the child is given in care and during the
familiarisation period.
Country Profile – Receiving Sate 14

) What, if any, assistance is given to adopted persons to search for their origins?
The adopted persons' search for their origins is supported by the adoption
placement offices. They provide the necessary information concerning the child's
origin, the identity of his or her biological parents. They also advice on the
adopted person's rights, assist with making desired enquiries, help to initiate and
support contacts to the biological parents or other biological relatives.
7.3 Preservation and availability of information (Art. 30)
a) Which authority is responsible for preserving the information concerning the
child’s origins (Art. 30(1))?
The adoption placement office
b) What are the legal requirements for preservation of information (e.g., duration,
location)?
Records and documents on each individual case of placement (placement files)
shall be kept for sixty years reckoned from the date of birth of the child. If the
adoption placement office is given up, the placement files shall have to be
handed over for safekeeping to the office which takes over the tasks or to the
central adoption office of the Land youth welfare office, in the area of which the
adoption placement office had its headquarters. After the expiry of the period of
time mentioned in sentence 1 the placement files shall have to be destroyed.
c) In your State, does the law permit the adopted person to have access to this
information? If yes, is there any age or other restriction?
If the placement files deal with the descent and life history of the child or if there
is a justified interest otherwise, the legal representative of the child, and if the
child has reached the age of sixteen, he or she shall be given permission upon
request to inspect the documents under guidance by a specialist. The inspection
shall be refused, if overriding matters of a concerned person are in opposition.
d) Are the biological parents or the adoptive parents permitted to have access to
information about the adoption (see Art. 9 a) and c))?
adoptive parents yes (see 7.3. b); biological parents no.
e) What, if any, assistance does the Central Authority or another body give to the
adopted person or the biological or adoptive parents to obtain access to that
information?
see 7.3. b)
8. COSTS OF INTERCOUNTRY ADOPTION
a) Are adoption costs or fees controlled by law and / or regulated by a public
authority in your State? If yes, please provide a link to this information.
§ 5 AdVermiStAnKoV (no english translation available):
Führen staatliche Adoptionsvermittlungsstellen das
Adoptionsvermittlungsverfahren durch, sind folgende Gebühren zu erheben:
1. für die Durchführung eines internationalen Adoptionsvermittlungsverfahrens
Country Profile – Receiving Sate 15

einschließlich der Eignungsprüfung nach § 7 Abs. 3 Satz 1 des
Adoptionsvermittlungsgesetzes 2 000 Euro,
2. für eine Eignungsprüfung nach § 7 Abs. 3 Satz 1 des
Adoptionsvermittlungsgesetzes 1 200 Euro,
3. für die Durchführung eines internationalen Adoptionsvermittlungsverfahrens
ohne Eignungsprüfung nach § 7 Abs. 3 Satz 1 des
Adoptionsvermittlungsgesetzes 800 Euro.
http://www.gesetze-im-internet.de/advermistankov/__5.html
b) What is the normal range of costs for an adoption (i.e., the minimum to the
maximum cost)?
depends on the single case and state of origin, no general information available
c) Is there a standard or fixed fee charged by the Central Authority or accredited
body for the adoption procedure? How much is this fee?
see above b)
d) What services or activities in your State are included in this cost?
see above b)
e) Other costs: Please complete the Table of Costs at Annex 1. 4
9. IMPROPER FINANCIAL GAIN (ARTS 8 AND 32)
a) Which authority is responsible for preventing improper financial gain?
The public prosecutor
b) What measures are taken to prevent improper financial gain?
§§ 235, 236 StGB (German Criminal Code)
c) Have there been any prosecutions for improper financial gain related to
adoption? If so, were the prosecutions successful?
yes
10. NATIONAL LEGISLATION
Identify the legislation in your State on international adoption and provide (if
available) an electronic link to the text of the legislation.
Act on the Implementation of the Hague Convention of 29 May 1993 on the
Protection of Children and the Co-operation in the Field of International Adoption
(Adoption Convention Implementation Statute – AdÜbAG)
Act on the Adoption Placement and the Ban on the Arrangement of Surrogate
Mothers (Adoption Placement Act – AdVermiG)
Act on the Effects of the Adoption According to Foreign Law
(Act on the Effects of the Adoption – AdWirkG)]
www.bundesjustizamt.de
11. OTHER HAGUE CONVENTIONS
11.1 Legalisation / authentication
4
The Table of Costs is taken from the Guide to Good Practice No 2: Accreditation and Accredited Bodies,
Chapter 8.
Country Profile – Receiving Sate 16

a) Which documents need to be legalised?
All documents necessary for the recognition of adoption
b) Is your State a party to the Hague Convention of 5 October 1961 Abolishing the
Requirement of Legalisation for Foreign Public Documents (Hague Apostille
Convention)?
Yes
11.2 International foster care or kafala
If your State is involved in international foster care placements or placements by
kafala, the Hague Convention of 19 October 1996 on Jurisdiction, Applicable Law,
Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children may be used. Is your State a party to
this Convention?
Not yet
12. OTHER QUESTIONS
a) National adoptions:
� How many children are in institutions in your State?
no information
� How many are adoptable?
no information
� How many are adopted per year?
no exact information
b) Does your State permit the adoption of children from non-Hague Convention
States?
yes
c) Statistics:
� Does your State collect statistical data relating to adoption (national or
international)?
yes, but only statistical data of adoptions which are attended by an adoption
placement office; private/independent adoptions are not reported to a data
collecting office
� Are your statistics on a publicly available website? If yes, please provide the
link. If not, how can you provide access to your statistics?
https://www-ec.destatis.de (but see restriction above)
� Please complete the “Annual adoption statistics for receiving States” form
(Prel. Doc. No 5) for the last five years. In the future, States will be asked to
complete this form on an annual basis.
not possible
Country Profile – Receiving Sate 17

13. USEFUL ELECTRONIC LINKS
Provide electronic links to important and useful information about adoption and
intercountry adoption in your State.
www.bundesjustizamt.de
Country Profile – Receiving Sate 18

Annex 1
Receiving States’ costs in the field of intercountry adoption
Please provide details of following:
1. Expenses incurred in the receiving State
These expenses consist of administrative costs such as membership fees, registration
fees, administration and co-ordination fees, legal costs, psychosocial evaluation costs
(the home study report), the costs of the various immigration procedures and
certificates.
They may include:
(a) charges intended for the accredited body, such as:
fees for membership of the body;
fees for opening of the adoption case file;
programme-development charges;
administration and co-ordination costs;
communication costs;
cost of translation of PAPs’ case file.
(b) charges intended for third parties, such as:
cost of certification of the case file and legal fees;
cost of preparation for the psychosocial evaluation;
notary’s fees;
cost of legalisation of documents;
immigration costs;
costs of obtaining certificates (medical, birth, marriage, criminal record);
costs of obtaining passports;
costs for the psychosocial evaluation.
2. Expenses incurred in the State of origin
This category includes all the expenses incurred in the State of origin except the PAPs’
accommodation and transport costs. Please indicate which costs are paid in your State:
administration and co-ordination costs;
legal costs (notary, lawyer, court and motion costs);
doctor’s fees for the child’s medical record;
translation costs;
costs of the child’s maintenance;
costs for updating of records.
Other costs:
please specify.
3. Travel costs
These expenses are connected with the PAPs’ travel in the State of origin.
These costs include:
return air fare;
accommodation costs: hotel and meals;
single fare for the child;
guide’s and interpreter’s costs, if appropriate;
travel costs within the State.
Country Profile – Receiving Sate 19

4. Contributions to humanitarian aid projects or donations
Contribution may be made for humanitarian-aid projects and / or donations to
orphanages or other public or private institutions connected with child protection.
They may also be imposed by the accredited bodies themselves.
Mandatory contribution to government / Central Authority
Mandatory contribution to child welfare home / public or private institution
Other contribution:
please specify;
Donation
5. Post-adoption expenses
This category concerns all expenses required to finalise an adoption case and those
incurred once the adoption has been completed. The costs to be borne include:
for non-convention adoptions, a motion for recognition of judgments or rulings; 5
stamps for the motion for non-convention adoptions;
translation of the judgment or ruling by the State of origin;
reports on the child’s development;
translation of development reports;
certification of reports and transmission to the State of origin
5
No additional procedure for recognition of an adoption decision is required for Hague Convention adoptions.
Recognition is automatic, as provided in Art. 23.
Country Profile – Receiving Sate 20