Adult children can not just cut kinship

OLG Oldenburg: At Volladoption the interest of the mother is to be considered
Oldenburg (jur). An adult of age can not simply break any family ties to his parents and be fully adopted by the mother's ex-partner. Such a Volladoption, in which the family ties are legally capped to the origin family, is not possible without taking into account the interests of parents, the Higher Regional Court (OLG) Oldenburg in two resolutions announced on Tuesday, 11 April 2017, clear (Az .: 4 UF 175/16).

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In this specific case, a 21-year-old Oldenburg woman wanted to be adopted by her mother's former partner. Since she lived with the mother and her partner from the age of 15 to 19 in a household, special ties were created.

However, the 21-year-old and the ex-partner sought a so-called full adoption. After that, the old family ties to the mother would be legally capped. The daughter could then inherit nothing from her mother, but would have to pay in an emergency no parent support. In contrast, the rights and obligations to the original family are maintained in the case of a "simple" adoption.

In its decisions of 10 March 2017 and 27 March 2017, the OLG rejected the full adoption. For in this case, according to the law, the interests of the mother must be taken into account. Here, the mother in need of social help suffering from a mental illness and cancer. In the future, the mother could depend on the help and support of her daughter.

A full adoption, in which the family ties are completely capped, is therefore not possible under the law. The interest of the mother in the continuity of the family relationship would outweigh the interest of the daughter and the former partner in the adoption, according to the Higher Regional Court. The possible "simple" adoption had not requested the daughter. fle / mwo