Legal Question in Juvenile Dependency in Germany
Failed Adoption
American citizen, European employed and German
National wife of 10 years adopted niece of husband,
took her from California to Germany to live. After 7
years adoption is miserable for all concerned. Niece
now 16 is a runaway who wants to return to live with
California Grandmother. Birth Mother refused to permit
that, prior to adoption. Adoptive parents have
reported runaway to Police, tell Grandmother German
law will not permit teen to leave Germany until she is
18. Teen is threatening suicide. (Close relative age
15 comitted suicide Oct. 1999.) Adoptive Mother said
teen made her choice and she can live with it. What
can Grandmother do? Is 16 legal adult in Germany? If
I send plane ticket she has no passport, parents say
Germany will press legal action against me (her Cal.
Grandmother) and they ''refuse to consider allowing me
to get involved.'' They have not been able to find teen
since 12/31/2001. Final adoption papers were never
filed in U.S. according to their attorney in
California. I'm desperately concerned about this child
and believe she's in great danger. Have modest income.
What can I do? I want this child. Please advise
about laws and issues of concern.
1 Answer from Attorneys
Re: Failed Adoption
If circumstances have changed since the last dependency court order, we can help by filing a Petition pursuant to Welfare and Institutions Code section 388 to ask for a different set of orders from the juvenile court judge; you can petition the court to become the child's legal guardian. Of course, there are always many, many facts in dependency court cases and they are usually quite complex. We would need a lot more information from you, and from the dependency court file to determine exactly what the status is now and whether or not you have action to bring. We are California criminal/dependency court attorneys, thus, we are unaware of the legal age in Germany. Please call to further discuss.