(1) The family court, on application by the child, is to substitute the consent of one parent where that parent has persistently grossly violated their duties to the child or has shown by their conduct that they are indifferent to the child, and where it would be disproportionately disadvantageous to the child if the adoption did not take place. The consent also may be substituted if the violation of duty, although not persistent, is particularly serious and it is probable that it will permanently not be possible to entrust the child to the care of the parent.
(2) The consent may not be substituted on account of indifference that is not at the same time a persistent gross breach of duty until the parent has been instructed by the Youth Welfare Office on the possibility of its substitution and advised under section 51 (2) of Book Eight of the Social Code (Sozialgesetzbuch) and at least three months have passed since the instruction; the instruction is to point out the limitation period. No instruction is necessary if the parent has changed their residence without leaving their new address and the residence cannot be determined by the Youth Welfare Office within a period of three months despite appropriate research; in this case, the period commences on the first action of the Youth Welfare Office directed towards instruction and advice or towards determining the residence. The periods expire at the earliest five months after the birth of the child.
(3) The consent of a parent also may be substituted where they are permanently incapable of caring for and bringing up the child as the result of a particularly serious psychological illness or a particularly serious mental or psychological handicap and where the child, if the adoption does not take place, could not grow up in a family and the child’s development would as a result be seriously endangered.
(4) In the cases governed by section 1626a (3), the family court is to substitute consent by the father if the fact that the adoption does not take place would be disproportionately disadvantageous to the child.