OLG Oldenburg: In the case of full adoption, the mother's interest must be observed
Oldenburg (jur). A child of legal age cannot simply break any family ties to his parents and let the mother's ex-partner fully adopt them. Such a full adoption, in which the family ties to the family of origin are legally cut, is not possible without taking into account the interests of the parents, the Higher Regional Court (OLG) Oldenburg clarified in two decisions announced on Tuesday, April 11, 2017 (file number: 4 UF 175/16).
In the specific case, a 21-year-old woman from Oldenburg wanted to be adopted by her mother's former partner. Since she lived in a household with her mother and her partner from the age of 15 to 19, special ties had arisen.
However, the 21-year-old and the ex-partner were aiming for so-called full adoption. After that, the old family ties to the mother would be legally cut. The daughter could then no longer inherit from her mother, but would not have to pay any parental support in an emergency. In contrast, the rights and obligations of the original family are retained in the case of a “simple” adoption.
In its resolutions of March 10, 2017 and March 27, 2017, the OLG rejected full adoption. Because this would also have to take into account the interests of the mother according to the law. Here the mother in need of social assistance suffers 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 cut, is therefore not possible under the law. The interest of the mother in the continuation of the family relationship would outweigh the interest of the daughter and the former partner in the adoption, according to the OLG. The daughter had not applied for the possible “simple” adoption. fle / mwo