The Affidavit Of Voluntary Relinquishment Of Parental Rights Form is a crucial legal document used in German family law when a parent wishes to voluntarily terminate their parental rights. This document is typically employed in adoption proceedings, cases of unable or unwilling parents, or situations where relinquishment is deemed in the child's best interest. The affidavit must comply with the German Civil Code (BGB), particularly sections 1626-1698, and requires oversight from the Youth Welfare Office (Jugendamt). It includes detailed information about the parent, child, and circumstances of relinquishment, along with mandatory declarations about the voluntary nature of the action and understanding of its consequences. The document must be notarized and is subject to judicial review to ensure compliance with German legal requirements and protection of the child's interests.
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1. Title and Date: Formal title of the document and date of execution
2. Declarant Information: Full legal name, address, and identification details of the parent relinquishing rights
3. Child Information: Full name, date of birth, place of birth, and current residence of the child
4. Legal Capacity Declaration: Statement confirming the declarant's legal capacity to make this decision
5. Voluntary Relinquishment Statement: Clear and explicit statement of voluntary relinquishment of all parental rights and responsibilities
6. Understanding of Consequences: Detailed acknowledgment of understanding the permanent nature and consequences of the relinquishment
7. Counseling Confirmation: Statement confirming receipt of mandatory counseling regarding the relinquishment
8. No Duress Declaration: Statement confirming the decision is made freely without coercion or duress
9. Execution and Notarization: Space for signatures, witness information, and notary certification
1. Other Parent Information: Information about the other parent's status and rights, required when the other parent's rights are known and active
2. Adoption Consent: Additional section required if the relinquishment is connected to a planned adoption
3. Child Support Statement: Statement regarding outstanding child support obligations, required if there are existing support orders
4. Visitation Rights Waiver: Specific waiver of visitation rights, included when there's a need to explicitly address this aspect
5. Interpreter Certification: Required when the declarant needs language interpretation services
1. Child's Birth Certificate: Certified copy of the child's birth certificate as supporting documentation
2. Declarant's Identification Documents: Copies of parent's identification documents
3. Counseling Certificate: Documentation of completed mandatory counseling sessions
4. Court Orders: Copies of any relevant existing court orders regarding custody or support
5. Social Services Assessment: If applicable, report from Youth Welfare Office (Jugendamt) regarding the child's situation
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