Applying for supplementary guardianship as foster parents

Prerequisites

• The child in question is under parental care or guardianship.
• The parents or guardian are prevented from handling certain matters for factual or legal reasons. This can be the case, for example, if...
  • to point out to custodial parents that they are overwhelmed by a situation,
  • an authority indicates that guardianship appears necessary,
  • a court determines that a guardianship must be established.

Or:

• Your foster child is integrated into your foster family and will be able to remain there permanently.
• Based on your personal circumstances, your financial situation and other factors, you are suitable to act as a supplementary guardian.
• They are of legal age and have the capacity to enter into contracts.

Documents required

Please note

The local court does not provide legal advice. Please contact a qualified professional, such as a lawyer or notary public.

If you have limited financial resources, you can obtain advice from the Public Legal Information Office (ÖRA).

If several people apply for guardianship and there are relatives of the foster child among them, they are usually given priority.

Deadlines

There are no deadlines to be observed.

Procedure

• You submit an application for the appointment of a supplementary guardian or propose that you can assume the supplementary guardianship.
• If you wish to assume supplementary guardianship yourself, you should discuss this with the responsible youth welfare office beforehand. It is simpler if the youth welfare office submits a favorable recommendation to the court in advance. Otherwise, the youth welfare office's statement must be obtained during the proceedings.
• The court examines whether there is actually a need for supplementary guardianship.
• If necessary, the court will hear from the relevant authorities regarding the facts of the case.
• The court selects a suitable person as a supplementary guardian.
• The court issues a ruling that clearly defines the responsibilities of the supplementary guardian.
• Often, the supplementary guardian must regularly report to the court on their activities.

Processing time

The duration of the procedure depends on the individual case.

Fees

There are no fees.


If you are represented or advised by a lawyer in the proceedings, you must bear the costs yourself. You may be eligible for legal aid.

Legal remedies

Complaint

Legal basis

Sections 1809 et seq. of the German Civil Code (BGB)


https://www.gesetze-im-internet.de/bgb/__1809.html


Section 1777 of the German Civil Code (BGB)


https://www.gesetze-im-internet.de/bgb/__1777.html


Section 151 No. 5 of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)


https://www.gesetze-im-internet.de/famfg/__151.html