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How to claim German citizenship through adoption

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Babatha
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Joined: Tue Dec 04, 2012 11:04 am

How to claim German citizenship through adoption

Post by Babatha » Thu Dec 27, 2012 1:49 pm

Hi,

I am an American citizen, 22 years of age and was adopted by my German stepfather at the age of 17.

I read that if you are adopted under the age of 18 that you are a German citizen BUT how do I go about claiming my citizenship?

I have no intention of living in Germany nor do I speak German. Is that a problem?

Also, can I claim dual American/German citizenship or will I have to renounce my American?

Any help will be very much appreciated

JAJ
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Joined: Sun Oct 23, 2005 9:29 pm
Australia

Post by JAJ » Mon Dec 31, 2012 3:15 am

See:
http://www.germany.info/Vertretung/usa/ ... nship.html

It says there may be additional requirements if the adoption is not under German law.

Probably you should find a German immigration lawyer who also speaks English, for assistance with a. confirming whether or not you did acquire German citizenship and b. assistance with the documentation. You should expect to pay for professional advice.

Gyfrinachgar
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Posts: 433
Joined: Fri Oct 21, 2011 2:32 pm
Location: Wales

Re: How to claim German citizenship through adoption

Post by Gyfrinachgar » Wed Jan 09, 2013 9:30 am

Babatha wrote:how do I go about claiming my citizenship?
I have no intention of living in Germany nor do I speak German.
Why do you want to go through all that trouble (paperwork, money, time) then?

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Fri Jan 11, 2013 11:45 pm

http://www.canada.diplo.de/Vertretung/k ... ption.html discusses adoption of a child by a German citizen when outside of Germany.
Adoptiert ein Deutscher im Ausland ein Kind, kann die Anerkennung dieser Adoption durch ein deutsches Gericht beantragt werden.
which roughly says that an adoption abroad by a German can be recognized by applying to a German court.

Your father and google may be able to help you with further translations.

Babatha
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Posts: 18
Joined: Tue Dec 04, 2012 11:04 am

Re: How to claim German citizenship through adoption

Post by Babatha » Wed Feb 13, 2013 2:08 pm

Gyfrinachgar wrote:
Babatha wrote:how do I go about claiming my citizenship?
I have no intention of living in Germany nor do I speak German.
Why do you want to go through all that trouble (paperwork, money, time) then?
The only reason I would am considering German citizenship is because I can then continue living in the UK as an EA national. I have made an application for FLR (O) Discretionary Leave in the UK but failing that I can try to claim German citizenship...

My last and final option if everything fails is to apply for a Fiance Visa and marry my current partner, who I love and is also my UK sponsor - It's just not something I want to do because I HAVE to.


I got in touch with the German Embassy and they were very helpful -

"Thank you. As already explained, you may have obtained German
citizenship by adoption. As a requirement, the adoption would have to be
regarded as a *'full' *adoption in the sense of the German law. The
Embassy is not in the position to establish bindingly if you have
obtained German citizenship by adoption.

However, you can apply for the adoption to be formally recognised by the
competent court in Germany under the German "Act on the Effects of the
Adoption" "*Anerkennungsverfahren nach dem Adoptionswirkungsgesetz -
**(AdWirkG)" *which would lead to a decision if the adoption can be
recognised for the German jurisdiction. This would have the advantage
that you would always be able to prove that the adoption is recognised
under German law.

The application under Section 2 AdWirkG can be sent in writing (ideally
in German) directly to the competent district court - family court
("Familiengericht") and does not require a certain application form. If
you don't have a residence in Germany, the competent court will be the
district court in Berlin-Schöneberg (Amtsgericht Schöneberg)"

Babatha
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Posts: 18
Joined: Tue Dec 04, 2012 11:04 am

Post by Babatha » Thu Feb 14, 2013 10:59 am

LydiaDavis wrote:I have been looking the World Wide Web for this information and I want to thank you for sharing this thread. The information you all have shared above is really helping. Thanks........
[deleted]
This may be helpful to you as well then (I didn't include it earlier because it's quite lengthy) But it's also very clear and concise, sent from the German embassy

----------------------------------


By our experience you would need to submit the following documents
together with your application - originals or certified true photocopies
with certified translation into German - (Please note that the court can
ask for further docuements) :

- Adoption order (if applicable, in legalised form or with an apostille,
issued by the competent US authority)

- Your birth certificate (full or unabridged birth certificate)

- Documents and information about the origin and cirriculum vitae of the
adopted person before the adoption

- Documents that contain information about the consent of the previous
parents of the adopted person

- Further documents that were required in connection with the adoption,
e.g. social expertise about the ability of the adopting parents,
recommendations of the relevant authorities/courts

- Your adoptive parent's marriage certificate

- Proof of citizenship or certified true photocopies of the adopting
parent's passports

- Detailed description how the adopted person came into the care of the
adopting parents, if an adoption agency was involved and how the
procedure was carried out exactly

The procedure under the Adoptionswirkungsgesetz can take a few months.
Once the court has taken the decision that the adoption is recognised
under German law, you can apply for a passport at our passport section.

Sometimes you may find it useful to instruct a lawyer in Germany to do
represent you in the procedure.

You might also find it useful to check with the German mission coveirng
the US State in which you were adopted if they have additional
recommendations on form requirements for US documents. Their website is
as follows: www.germany.info

---

Alternatively or additionally, you could also

- register the birth of the adopoted person and apply for a German birth
certificate or

- apply for a certificate of citizenship (please contact the Embassy for
further information)

These two procedures usually take much longer than the court procedure
outlined above but they do not exclude each other.

---

We would recommend to follow at least one of the above options now or in
the future in order to establish if the adoption is recognised in
Germany with a binding character for German authorities.

I hope this is helpful. Please contact me if you have further questions.

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Thu Feb 14, 2013 12:22 pm

Babatha,

Thank you for you post. What you replied to was a spam posting though.

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