On\u00a031 May 2010\u00a0the\u00a0German District Court of D\u00fcsseldorf\u00a0ruled that an Ethiopian adoption\u00a0may not be accepted\u00a0under German law, as it is obviously incompatible with the fundamental principles of German law, in particular with the fundamental rights. This decision was was appealed by the adoptive parents.<\/p>\n
On\u00a018 January 2011\u00a0\u00a0the German Higher Regional Court\u00a0(Dusseldorf)\u00a0confirmed this ruling. This cannot not be appealed.<\/p>\n
The ruling was based on the fact that article 21-b of the UN Convention on the Rights of the Child was not complied with, meaning that\u00a0a child may only be\u00a0transferred for adoption into a foreign country and into another culture, when all avenues have been exhausted for the placement of the child in his own family and in its own country.<\/p>\n
\nArticle 21
\nStates Parties that recognize and\/or permit the system of adoption shall ensure that the best interests of the child shall be the paramount consideration and they shall:
\n[…]
\n(b) Recognize that inter-country adoption may be considered as an alternative means of child’s care, if the child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared for in the child’s country of origin;<\/h5>\n<\/blockquote>\nAdditionally,\u00a0the appointment of new (adoptive) parents further requires that they have factually grown into the role of the failed parents, so in terms of German law that between the child and his new parents and vice versa, a parent-child relationship has been founded or its formation can be expected.\u00a0 Therefore,\u00a0the personality right of the child has not sufficiently enough been respected, as far as before the adoption no initiation of a parent-child relationship took place, which for practical reasons (visa handling ) should have taken place in Ethiopia.<\/p>\n
For the full text (informal translation):<\/p>\n
Translation LG Dusseldorf – Ethiopian Case<\/a>
\n<\/p>\n","protected":false},"excerpt":{"rendered":"On\u00a031 May 2010\u00a0the\u00a0German District Court of D\u00fcsseldorf\u00a0ruled that an Ethiopian adoption\u00a0may not be accepted\u00a0under German law, as it is obviously incompatible with the fundamental principles of German law, in particular with the fundamental rights. This decision was was appealed by the adoptive parents. On\u00a018 January 2011\u00a0\u00a0the German Higher Regional Court\u00a0(Dusseldorf)\u00a0confirmed this ruling. This cannot not… Weiter »<\/a><\/p>\n","protected":false},"author":5,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[10],"tags":[],"_links":{"self":[{"href":"https:\/\/old.againstchildtrafficking.org\/archive\/de\/wp-json\/wp\/v2\/posts\/1919"}],"collection":[{"href":"https:\/\/old.againstchildtrafficking.org\/archive\/de\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/old.againstchildtrafficking.org\/archive\/de\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/old.againstchildtrafficking.org\/archive\/de\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/old.againstchildtrafficking.org\/archive\/de\/wp-json\/wp\/v2\/comments?post=1919"}],"version-history":[{"count":3,"href":"https:\/\/old.againstchildtrafficking.org\/archive\/de\/wp-json\/wp\/v2\/posts\/1919\/revisions"}],"predecessor-version":[{"id":1926,"href":"https:\/\/old.againstchildtrafficking.org\/archive\/de\/wp-json\/wp\/v2\/posts\/1919\/revisions\/1926"}],"wp:attachment":[{"href":"https:\/\/old.againstchildtrafficking.org\/archive\/de\/wp-json\/wp\/v2\/media?parent=1919"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/old.againstchildtrafficking.org\/archive\/de\/wp-json\/wp\/v2\/categories?post=1919"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/old.againstchildtrafficking.org\/archive\/de\/wp-json\/wp\/v2\/tags?post=1919"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}