(1) The adoption of a child requires consent by the parents. To the extent that no other man is to be regarded as father under section 1592, then in the meaning of sentence 1 and section 1748 (4), the person is deemed to be the father who satisfactorily demonstrates that the prerequisites set out in section 1600d (2) sentence 1 have been met.
(2) The consent may not be given until the child is eight weeks old. It is effective even if the person consenting does not know the adoptive parents, who have already been decided on.
(3) If parents who are not married to one another do not have joint parental custody,
1. the father’s consent may be given even before the birth;
2. the father may waive the right to apply for the transfer of parental custody under section 1626a (2) and section 1671 (2) by means of a publicly notarised declaration; section 1750 applies, accordingly, with the exception of subsection (1) sentence 2 and subsection (4) sentence 1;
3. if the father has applied for the transfer of custody under section 1626a (2) or section 1671 (2), an adoption may not be pronounced until after there has been a decision on application by the father.
(4) The consent of one parent is not necessary if they are permanently incapable of making a declaration or their abode is permanently unknown. The abode of a mother who has delivered her child by confidential birth pursuant to section 25 (1) of the Law on Conflicts in Pregnancies (Schwangerschaftskonfliktgesetz) is deemed permanently unknown until she has provided the family court with the information required to enter the child’s birth in the register.